THE GOVERNMENT
________ No. 99/2020/ND-CP | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness_______________________ Hanoi, August 26, 2020 |
DECREE
On sanctioning of administrative violations in the fields of petroleum, petrol, oil and gas trading
_________
Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012;
Pursuant to the Commercial Law dated June 14, 2005;
Pursuant to the Petroleum Law dated July 06, 1993; the Law on amending and supplementing a number of articles of the Petroleum Law dated June 09, 2000, and the Law on amending and supplementing a number of articles of the Petroleum Law dated June 03, 2008;
Pursuant to the Law on Product and Goods Quality dated November 21, 2007;
Pursuant to the Law on Measurement dated November 11, 2011;
Pursuant to the Investment Law dated November 26, 2014 and the Law on amending and supplementing Article 6 of and Appendix 4 to the Investment Law regarding the list of sectors and trades subject to business investment conditions dated November 22, 2016;
Pursuant to the Law on Prices dated June 20, 2012;
Pursuant to the Law on Occupational Safety and Health dated June 25, 2015;
Pursuant to the Law on Fire Prevention and Fighting dated June 29, 2001 and the Law on amending and supplementing a number of articles of the Law on Fire Prevention and Fighting dated November 22, 2013;
Pursuant to the Law on Environmental Protection dated June 23, 2014;
At the request of Minister of Industry and Trade;
The Government hereby promulgates the Decree on sanctioning of administrative violations in the fields of petroleum, petrol, oil and gas trading.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Decree provides for administrative violations, sanctioning forms and levels, remedial measures applied to administrative violations; competence to make written records and sanction of administrative violations in the fields of petroleum, petrol, oil and gas trading.
2. Acts of administrative violations in the fields of petroleum, petrol, oil and gas trading prescribed in this Decree including:
a) Acts of violations in the field of petroleum, exploration and exploitation of petroleum (including performing the prospecting, exploration and development of oilfield, petroleum work cleanup, construction, installation, and operation of petroleum extraction, oil refining, petrochemical, petroleum processing works, storing and transporting petroleum products and technical services directly serving the above works);
b) Acts of violating regulations on conditions for petrol and oil trading;
c) Acts violating regulations on petrol and oil trading;
d) Acts of violating regulations on gas trading conditions;
dd) Acts of violating regulations on gas trading.
3. Other acts of administrative violations in the fields of petroleum, petrol, oil and gas trading on environmental protection; standards, measurement, product and goods quality; fire prevention and fighting at petroleum works, petrol, oil and gas business establishments; price registration, declaration of petrol, oil and liquefied petroleum gas (LPG) price; disclosure of petrol, oil and gas price information, price valorization fund for petrol and oil shall comply with regulations on sanctioning of administrative violations in related state management fields.
Article 2. Subjects of application
1. Vietnamese and foreign organizations and individuals (hereinafter collectively referred to as organizations and individuals) that commit administrative violations as prescribed in this Decree in the territory of the Socialist Republic of Vietnam; persons competent to make written records of administrative violations, persons competent to sanction of administrative violations and relevant agencies, organizations, individuals.
2. Organizations specified in Clause 1 of this Article include:
a) Economic organizations established in accordance with the Law on Enterprises, including:
Private enterprises, join stock companies, limited liability companies, partnerships and affiliated units of enterprises (branches and representative offices);
b) Economic organizations established in accordance with the Law on Cooperatives, including: Cooperatives, unions of cooperatives;
c) Organizations established in accordance with the Law on Investment, including:
Domestic investors, foreign investors and foreign-invested economic organizations; representative offices and branches of foreign traders in Vietnam; representative offices of foreign trade promotion organizations in Vietnam;
d) Other organizations in accordance with law provisions.
3. Business households and households committing administrative violations specified in this Decree shall be sanctioned like individuals.
Article 3. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. “Petrol and oil business licenses” include: License to export and import petrol and oil, eligibility certificate to act as a petrol and oil distributor, eligibility certificate to act as a general petrol and oil agent, eligibility certificate to act as a petrol and oil retail agent, certificates of eligibility to retail petrol and oil.
2. “Gas business licenses” include: Certificate of eligibility for acting as LPG/LNG/CNG exporter and importer, certificate of eligibility for acting as LPG/LNG/CNG trader, certificate of eligibility for retailing bottled LPG, certificate of eligibility for producing and repairing LPG bottles, certificate of eligibility for producing mini LPG bottles, certificate of eligibility for LPG-bottling station, certificate of eligibility for LPG tank truck filling station, certificate of eligibility for vehicle LPG/LNG/CNG-filling stations and valid certificates of eligibility that are granted before the effective date of the Government’s Decree No. 87/2018/ND-CP dated June 15, 2018 on gas trading (including certificate of eligibility for acting as an LPG/LNG/CNG distributor, certificate of eligibility for acting as an LPG general agent, certificate of eligibility for acting as an LPG agent).
Article 4. Forms of sanctioning administrative violations and remedial measures
1. For each administrative violation in the field of petroleum, petrol, oil and gas trading, the violating organization or individual shall be subject to the principal sanction which is fine.
The maximum fines in prospecting and exploration of petroleum is VND 1,000,000,000 for an individual and VND 2,000,000,000 for an organization. The maximum fines in petrol, oil and gas trading is VND 100,000,000 for an individual and VND 200,000,000 for an organization.
2. Depending on the nature and severity of violations, the violating organization or individual may also be subject to one or some of the following additional sanctions:
a) Deprivation of the right to use petrol and oil business licenses or gas business licenses for a definite term of between 01 month and 06 months or suspension of operations for a definite term of between 01 month and 06 months;
b) Confiscation of material evidences or means used for commission of administrative violations;
c) Expulsion.
3. Apart from the principal sanction and additional sanctions, depending on the nature and severity of violations, the violating organization or individual may also be subject to one or some of the following remedial measures:
a) Forcible restoration of the original state;
b) Forcible bringing out of the territory of the Socialist Republic of Vietnam or forcible re-export of petrol and oil, raw materials for petrol, oil and gas production;
c) Forcible recall of LPG bottles, bottled LPG or mini LPG bottles that do not meet conditions for circulation on the market;
d) Forcible refund of illicit profits earned through the commission of administrative violations;
dd) Forcible carrying out of examination, maintenance and replace of LPG bottles, gas-based auxiliary equipment which is not safe for customers;
e) Forcible return of LPG bottles to the legal owners, managers or users.
Article 5. Provisions on fines
The fines as prescribed in Chapters II, III and IV of this Decree are that applicable to organizations.
In case the act of administrative violations committed by an individual, a fine equal to half of the fine prescribed for the organization shall be applied.
Chapter II
ACTS OF ADMINISTRATIVE VIOLATIONS, SANCTIONING FORMS AND REMEDIAL MEASURES IN THE FIELD OF EXPLORATION AND EXPLOITATION OF PETROLEUM
Article 6. Acts of violating the regulations on petroleum exploration and exploitation
1. A fine from VND 100,000,000 to VND 300,000,000 shall be imposed for the acts of failing to submit documents and specimens collected during the drilling process to competent agencies as prescribed.
2. A fine from VND 300,000,000 to VND 400,000,000 shall be imposed for the acts of drilling beyond areas stated in the petroleum contracts without permission from competent agencies, but no profitable resources have been generated or the collected illegal profit is less than VND 100,000,000 from the acts.
3. A fine from VND 400,000,000 to VND 600,000,000 shall be imposed for the acts of conducting petroleum prospecting and exploration operations or work programs and annual budgets without approval from competent authorities, but no profitable resources have been generated or the collected illegal profit is less than VND 100,000,000 from the acts.
4. A fine from VND 600,000,000 to VND 800,000,000 shall be imposed for the acts of conducting petroleum prospecting and exploration operations in the areas declared banned or temporarily banned by the Socialist Republic of Vietnam, but no profitable resources have been generated or the collected illegal profit is less than VND 100,000,000 from the acts.
5. A fine from VND 1,800,000,000 to VND 2,000,000,000 shall be imposed for the acts of infringing upon land areas, islands, internal waters, territorial waters, exclusive economic zones and continental shelf of the Socialist Republic of Vietnam to researching, prospecting and exploring petroleum, but no profitable resources have been generated or the collected illegal profit is less than VND 100,000,000 from the acts.
6. A fine equal to the maximum fine of the fine bracket shall be imposed for the acts of violations prescribed in Clauses 2, 3, 4 and 5 of this Article if the collected illegal profit is VND 100,000,000 or more without being prosecuted for criminal liability.
7. Additional sanctions:
a) Confiscation of material evidences and means used to commit administrative violations specified in Clauses 2, 3, 4, 5 and 6 of this Article;
b) Expulsion of foreigners who commit the violations specified in Clauses 4, 5 and 6 of this Article.
8. Remedial measures:
a) Forcible restoration of the original state for the acts of violation specified in Clauses 2, 3, 4 and 6 of this Article;
b) Forcible refund of illicit profits earned through the commission of violations specified in Clauses 2, 3, 4, 5 and 6 of this Article.
Article 7. Acts of violating regulations on operations of oilfield development and petroleum exploitation
1. A fine from VND 10,000,000 to VND 20,000,000 shall be imposed for the acts of failing to keep books and records of oilfield development, petroleum exploitation, work of measuring equipment, measuring total flow or testing equipment in accordance with regulations.
2. A fine from VND 200,000,000 to VND 300,000,000 shall be imposed for any of the following acts of violations:
a) Exploiting petroleum with output reducing the reservoir pressure to lower than the approved pressure without prescribed permission of the competent authorities;
b) Failing to follow the process of burning and discharging associated gas;
c) Exploiting petroleum in excess of the volume permitted for burning or abandonment by competent agencies or organizations in the course of testing wells;
d) Exploiting associated gas when the oil and gas ratio is higher than the approved limit without the approval of competent agencies or organizations.
3. A fine from VND 300,000,000 to VND 400,000,000 shall be imposed for any of the following acts of violations:
a) Failing to comply with the Vietnamese Government s requirements on the sale of crude oil and natural gas in Vietnamese market;
b) Failing to comply with the contents of the oilfield development plan and the early petroleum exploitation plan already approved by the competent agencies or organizations.
4. A fine from VND 400,000,000 to VND 500,000,000 shall be imposed for any of the following acts of violations:
a) Conducting oilfield development and petroleum exploitation when the oilfield development plans or work programs and the corresponding annual budgets have not yet been approved by competent agencies;
b) Exploiting petroleum beyond the areas stated in the contract without permission from state competent agencies.
5. A fine from VND 500,000,000 to VND 600,000,000 shall be imposed for the acts of conducting petroleum exploitation operations in areas where the Socialist Republic of Vietnam has declared banned or temporarily banned.
6. A fine from VND 1,800,000,000 to VND 2,000,000,000 shall be imposed for the acts of infringing upon land areas, islands, internal waters, territorial waters, exclusive economic zones and continental shelf of the Socialist Republic of Vietnam aims, to exploit petroleum.
7. Additional sanctions:
a) Confiscation of material evidences and means used to commit administrative violations specified in Clauses 4, 5 and 6 of this Article;
b) Expulsion of foreigners who commit the violations specified in Clauses 5 and 6 of this Article.
8. Remedial measures:
a) Forcible refund of illicit profits earned through the commission of violations specified at Point b, Clause 4 and Clause 5 of this Article;
a) Forcible restoration of the original state for the acts of violation specified in Clause 5 of this Article.
Article 8. Acts of violating regulations on completion of petroleum prospecting, exploration and exploitation projects
1. A fine from VND 200,000,000 to VND 300,000,000 shall be imposed for the acts of failing to submit to competent state management agencies the plans on cleanup for the dismantlement of fixed works serving petroleum prospecting, exploration and exploitation operations according to regulations.
2. A fine from VND 300,000,000 to VND 500,000,000 shall be imposed for any of the following acts of violations:
a) Failing to dismantle fixed works serving petroleum prospecting, exploration and exploitation operations according to plans on cleanup for the dismantlement of such works already approved by the state competent management agencies;
b) Failing to properly implement regulations on preservation and abandonment of wells.
Article 9. Acts of violating regulations on petroleum safety and security
1. A fine from VND 80,000,000 to VND 100,000,000 shall be imposed for any of the following acts of violations:
a) Failing to build, maintain or failing to develop the safety management system as prescribed;
b) Failing to formulate adequate safety management documents, including:
Safety management program, Risk assessment report, Emergency response plan as prescribed.
2. A fine from VND 100,000,000 to VND 200,000,000 shall be imposed for any of the following acts of violations:
a) Failing to establish the safety zone and failing to maintain the safety signal for works serving petroleum activities as prescribed;
b) Putting the works of prospecting, exploration and exploitation into operation but not yet certified by the competent agencies for technical safety and environmental quality as prescribed by Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a contracting party;
c) Illegally anchoring vessels and boats within 02 nautical miles from the outermost edge of marine petroleum works;
d) Illegally encroaching upon or conducting any activities in the petroleum safety areas of offshore petroleum works without permission of the Prime Minister;
3. A fine from VND 200,000,000 to VND 300,000,000 shall be imposed for the acts of obstructing lawful activities of prospecting, exploring, exploiting and transporting petroleum.
4. Additional sanctions:
Suspending operations of prospecting, exploration, exploitation works, from 01 month to 03 months, for the acts of violation specified at Point b, Clause 2 of this Article.
Article 10. Acts of violating regulations on response to oil spill incidents
Acts of violating regulations on response to oil spill incidents shall be administratively sanctioned according to the Government’s regulations on handling of administrative violations in environmental protection.
Article 11. Acts of violation of regulations on safety of onshore petroleum works
1. A fine from VND 30,000,000 to VND 50,000,000 shall be imposed for the acts of performing activities that pose risks of directly or indirectly harming the safety of the petroleum works as follows:
a) The activities likely to cause fire, explosion, subsidence within the affected area from the boundary of the safety corridor to the boundary of the affected area;
b) Planting perennial plants in the safety corridor of onshore petroleum works;
c) Discharge of corrosive substances;
d) Anchoring of vehicles and equipment may affect safety of petroleum works.
2. A fine from VND 150,000,000 to VND 200,000,000 shall be imposed for any of the following acts of violations:
a) Failing to formulate, maintain the process of operation, maintenance, regulations on safety and incident handling process;
b) Failing to formulate the maintenance plan, organize the inspection and repairing of damage;
c) Putting petroleum works and pipeline system into operation without permission of competent agencies;
d) Failing to maintain signboards, and prohibition signs as prescribed to ensure safety for works and corridors of pipelines.
3. Remedial measures:
Forcible restoration of the original state, for the acts of violation specified at Points a, b and c, Clause 1 of this Article.
Article 12. Acts of violating regulations on reporting and information provision
1. A fine from VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts of violations:
a) Failing to submit one of the following documents as prescribed:
Quarterly and annual report on the exploited output, components and proportion of petroleum exploited of each oilfield, each object of exploitation and volume of petroleum removed;
b) Failing to report the implementation of projects on petroleum activities or report important events and incidents related to petroleum activities;
c) Failing to report on the management of safety and preventive measures;
d) Failing to report on incidents and accidents as prescribed in case of incidents and accidents.
2. Acts of failing to provide documents or provide insufficient documents, obstructing the petroleum inspection and supervision of persons on duty and competent state management agencies shall be sanctioned in accordance with the Government s regulations on handling of administrative violations in the field of security, order and social safety.
Article 13. Acts of violating regulations on insurance in petroleum activities
A fine from VND 80,000,000 to VND 100,000,000 shall be imposed for the acts of failing to purchase insurance for vehicles and works serving petroleum activities, environmental protection and other insurances in accordance with Vietnamese laws, in compliance with common practice in international petroleum industry.
Chapter III
ACTS OF ADMINISTRATIVE VIOLATIONS, SANCTIONING FORMS AND REMEDIAL MEASURES IN PETROL AND OIL TRADING
Section 1
ACTS OF VIOLATING REGULATIONS ON CONDITIONS OF PETROL AND OIL TRADING
Article 14. Acts of violating regulations on conditions of petrol and oil retail stations
1. A fine from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following acts of violations:
a) A petrol and oil retail station conducts business but fails to maintain conditions in accordance with national technical regulations on design requirements of petrol and oil retail stations;
b) A water-based petrol and oil filling station conducts business but fails to maintain conditions in accordance with national technical regulations on design requirements of water-based petrol and oil filling stations;
c) Employing manager or trading staff who has not been trained in the fire prevention and fighting and environmental protection as prescribed at the petrol and oil retail station.
2. A fine from VND 20,000,000 to VND 30,000,000 shall be imposed on a trader retailing petrol and oil at a establishment who do not have certificates of eligibility to retail petrol and oil, unless otherwise prescribed by law.
3. Additional sanctions:
Deprivation of the right to use certificate of eligibility to retail petrol and oil for between 01 month and 03 months, for the acts of violations specified at Points a and b, Clause 1 of this Article.
4. Remedial measures:
Forcible refund of illicit profits earned through the commission of violations specified in Clause 2 of this Article.
Article 15. Acts of violating regulations on business conditions of petrol and oil retail franchisees and petrol and oil retail agents
1. A fine from VND 20,000,000 to VND 30,000,000 shall be imposed for the acts of employing the manager or trading staff who has not been trained in the fire prevention and fighting and environmental protection as prescribed, except for cases specified at Point c, Clause 1, Article 14 of this Decree.
2. A fine from VND 30,000,000 to VND 50,000,000 shall be imposed on a petrol and oil retail franchisee or petrol and oil retail agent that does not have petrol and oil retail stations under its ownership or both its ownership and co-ownership which are granted with certificates of eligibility to retail petrol and oil in accordance with regulations.
3. Additional sanctions:
Deprivation of the right to use its eligibility certificate to act as a petrol and oil retail agent, for between 01 month and 06 months, or suspension of operation for between 01 month and 03 months, for the acts of violations specified in Clause 2 of this Article.
Article 16. Acts of violating regulations on business conditions of petrol and oil general agents
1. A fine from VND 20,000,000 to VND 30,000,000 shall be imposed for the acts of employing the manager or trading staff who has not been trained in the fire prevention and fighting and environmental protection as prescribed, except for cases specified at Point c, Clause 1, Article 14 of this Decree.
2. A fine from VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following acts of violations:
a) Failing to satisfy requirements for petrol and oil transport vehicles as prescribed;
b) Failing to satisfy requirements for petrol and oil depots and tanks as prescribed.
3. A fine from VND 50,000,000 to 80,000,000 shall be imposed for the acts of failing to satisfy the requirements for the petrol and oil distribution system as prescribed.
4. Additional sanctions:
Deprivation of the right to use the eligibility certificate to act as a general gasoline agent for between 01 month and 03 months, for the acts of violations specified in Clauses 2 and 3 of this Article.
Article 17. Acts of violating regulations on business conditions of petrol and oil distributors
1. A fine from VND 30,000,000 to VND 40,000,000 shall be imposed for the acts of employing the manager or trading staff who has not been trained in the fire prevention and fighting and environmental protection as prescribed, except for cases specified at Point c, Clause 1, Article 14 of this Decree.
2. A fine from VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following acts of violations:
a) Failing to satisfy requirements for petrol and oil transport vehicles as prescribed;
b) Failing to satisfy requirements for petrol and oil depots and tanks as prescribed.
3. A fine from VND 60,000,000 to VND 100,000,000 shall be imposed for any of the following acts of violations:
a) Failing to satisfy requirements for a petrol and oil distribution system as prescribed;
b) Failing to satisfy requirements for laboratories as prescribed.
4. Additional sanctions:
Deprivation of the right to use the eligibility certificate to act as a petrol and oil distributor for between 01 month and 03 months, for the acts of violations specified in Clauses 2 and 3 of this Article.
Article 18. Acts of violating regulations on business conditions of petrol and oil importers and exporters
1. A fine from VND 60,000,000 to VND 80,000,000 shall be imposed for any of the following acts of violations:
a) Failing to satisfy requirements for special-use wharf to receive oil tankers or petrol and oil transport vehicles as prescribed;
b) Failing to satisfy requirements for vehicles used for domestic petrol and oil transportation as prescribed;
c) Failing to satisfy requirements for petrol and oil depots as prescribed.
2. A fine from VND 80,000,000 to 100,000,000 shall be imposed for the acts of failing to satisfy the requirements for the petrol and oil distribution system as prescribed or failing to have jet fuel filling equipment under the ownership or co-ownership, for an exporter or importer of jet fuel.
3. Additional sanctions:
Deprivation of the right to use a license to export and import petrol and oil for between 01 month and 03 months, for the acts of violations specified at Points b and c, Clause 1, Clause 2 of this Article.
Article 19. Acts of violating regulations on conditions of petrol and oil service provision
1. A fine from VND 20,000,000 to VND 30,000,000 shall be imposed for the acts of employing the manager or staff directly trading petrol and oil service who has not been trained in the fire prevention and fighting and environmental protection as prescribed.
2. A fine from VND 50,000,000 to VND 80,000,000 shall be imposed for any of the following acts of violations:
a) Providing services to lease ports and depots for receiving petrol and oil but failing to satisfy requirements for special-use wharves or depots as prescribed;
b) Providing petrol and oil transportation services but failing to satisfy requirements for special-use vehicles to transport petrol and oil as prescribed.
3. Additional sanctions:
Suspension of petrol and oil service provision for a period of between 01 month and 03 months for acts of violation specified in Clause 2 of this Article.
Article 20. Acts of violating regulations on conditions of petrol and oil trading
1. A fine from VND 10,000,000 to VND 20,000,000 shall be imposed for acts of adding, erasing and modifying the contents of petrol and oil business licenses.
2. A fine from VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following acts of violations:
a) Leasing, lending, mortgaging, pledging, selling or transferring petrol and oil business licenses;
b) Renting, borrowing petrol and oil business licenses, receiving petrol and oil business licenses as pledges or mortgages, acquiring petrol and oil business licenses.
3. A fine from VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following acts of violations:
a) Trading petrol and oil without having a petrol and oil business license as prescribed, except for cases specified in Clause 2, Article 14 and Clause 2, Article 27 of this Decree;
b) Trading petrol and oil with an expired petrol and oil business license;
c) Using petrol and oil business licenses of other traders to conduct petrol and oil business;
d) Trading petrol and oil contrary to the contents stated in the granted petrol and oil business license.
4. A fine from VND 60,000,000 to VND 100,000,000 shall be imposed for acts of continuing business activities while the competent state agency suspends operations, deprives the right to use or revokes the petrol and oil business license, except for cases specified in Clause 2, Article 27 of this Decree.
5. A fine that is double the fine imposed for the acts of violations prescribed in Clause 1 thru Clause 4 of this Article shall be imposed if the violator conducts business in the form of petrol and oil import and export, petrol and oil distribution or petrol and oil general agent.
6. Additional sanctions:
a) Confiscation of violation material evidences, for acts of violation specified in Clause 1 of this Article;
b) Deprivation of the right to use a petrol and oil business license for a period of between 01 month and 03 months for acts of violation specified at Point a, Clause 2 of this Article.
7. Remedial measures:
Forcible refund of illicit profits earned through the commission of violations specified at Point a, Clause 2, Clause 3 and Clause 4 of this Article.
Section 2
ACTS OF VIOLATING THE REGULATIONS ON PETROL AND OIL TRADING
Article 21. Acts of violating regulations on petrol and oil retail prices and process of adjustment to petrol and oil retail prices
1. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed for the acts of posting petrol and oil retail prices contrary to the prices prescribed by wholesale traders or petrol and oil distributors.
2. A fine from VND 30,000,000 to VND 50,000,000 shall be imposed for the acts of arbitrarily adjusting petrol and oil retail prices not at the time prescribed by petrol and oil wholesale traders or distributors.
3. A fine from VND 50,000,000 to VND 70,000,000 shall be imposed for the acts of failing to notify or send decisions on petrol and oil retail prices to units in the petrol and oil distribution system before the new prices become effective for application, in case where petrol and oil retail prices are increased or reduced.
4. A fine from VND 100,000,000 to VND 120,000,000 shall be imposed for the acts of failing to comply with regulations on the order of adjustment to prices or failing to comply with regulations on the minimum time between two consecutive price adjustments, in case of adjusting the petrol and oil retail prices.
5. Additional sanctions:
Deprivation of the right to use the certificate of eligibility to retail petrol and oil for a period of between 01 month and 03 months, for the acts of violations specified in Clause 2 of this Article in cases of repeated violation or recidivism.
6. Remedial measures:
Forcible refund of illicit profits earned through the commission of violations specified in Clause 2 of this Article.
Article 22. Acts of violating regulations on registration of petrol and oil distribution systems and buying, selling petrol and oil under distribution systems
1. A fine from VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following acts of violations:
a) Failing to register the distribution system with a competent state management agency under regulations;
b) Committing a fraud in the declaration and registration of a distribution system.
c) Failing to send information on the petrol and oil distribution system to the principal or the franchiser to register the distribution system with a competent state management agency as prescribed.
2. A fine that is double the fine imposed for the acts of violations prescribed at Points a and b, Clause 1 of this Article shall be imposed if the violator is a wholesale trader.
3. A fine from VND 40,000,000 to 60,000,000 shall be imposed on a petrol and oil general agent, petrol and oil retail agent, petrol and oil retail franchisee or a petrol and oil retail station buying or selling petrol and oil with entities outside its distribution system, except the case of selling petrol and oil directly to consumers.
4. A fine from VND 60,000,000 to VND 100,000,000 shall be imposed for any of the following acts of violations:
a) A petrol and oil distributor buys or sells petrol and oil to entities outside the distribution system, except for the case of buying petrol and oil from wholesale traders, other petrol and oil distributors and directly selling to consumers;
b) A wholesale trader sells petrol and oil to entities outside its distribution system, except for the case of selling to other wholesale traders, petrol and oil distributors, units directly engaged in production and directly selling to consumers.
5. Remedial measures:
Forcible refund of illicit profits earned through the commission of violations specified in Clauses 3 and 4 of this Article.
Article 23. Acts of violating regulations on assigning and accepting petrol and oil agents
1. A fine from VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following acts of violations:
a) Entering into a contract to act as a petrol and oil retail agent for more than the number of the principal being the petrol and oil general agent or petrol and oil distributor or wholesale trader as prescribed;
b) To act as a petrol and oil agent without a petrol and oil agent contract as prescribed or the petrol and oil agent contract is expired.
2. A fine from VND 40,000,000 to VND 60,000,000 shall be imposed on petrol and oil general agents committing one of the following violations:
a) Entering into a contract to act as a petrol and oil general agent for more than the number of wholesale trader as prescribed;
b) Entering into a petrol and oil agent contract with a petrol and oil retail agent that does not satisfy prescribed requirements;
c) Assigning a petrol and oil agent without a petrol and oil agent contract as prescribed;
d) Entering into a petrol and oil agent contract with a petrol and oil trader while such petrol and oil trader is a petrol and oil agent for another wholesale trader or another petrol and oil distributor or another petrol and oil general agent.
3. A fine from VND 60,000,000 to VND 80,000,000 shall be imposed on petrol and oil distributors committing one of the following violations:
a) Entering into a petrol and oil agent contract with a petrol and oil retail agent that does not satisfy prescribed requirements;
b) Assigning a petrol and oil agent without a petrol and oil agent contract as prescribed;
c) Entering into a contract to act as a petrol and oil agent for another wholesale trader or to act as a petrol and oil retail agent for another petrol and oil general agent;
d) Entering into a petrol and oil agent contract with a petrol and oil trader while such petrol and oil trader is a petrol and oil agent for another wholesale trader or another petrol and oil distributor or another petrol and oil general agent.
4. A fine from VND 80,000,000 to VND 100,000,000 shall be imposed on wholesale traders committing one of the following violations:
a) Assigning a petrol and oil agent without a petrol and oil agent contract as prescribed;
b) Entering into a petrol and oil agent contract with a petrol and oil trader while such petrol and oil trader is a petrol and oil agent for another wholesale trader or another petrol and oil distributor or another petrol and oil general agent;
c) Entering into a petrol and oil agent contract with a trader that does not satisfy conditions to act as a petrol and oil agent as prescribed.
5. Remedial measures:
Forcible refund of illicit profits earned through the commission of violations specified in this Article.
Article 24. Acts of violating regulations on entering into petrol and oil purchase contracts, petrol and oil retail franchise contracts
1. A fine from VND 20,000,000 to VND 40,000,000 shall be imposed on petrol and oil retail franchisees committing one of the following violations:
a) Entering into a contract to act as a petrol and oil retail franchisee for more than the number of wholesale traders or petrol and oil distributors as prescribed;
b) Entering into a contract to act as an agent for a petrol and oil general agent or petrol and oil distributor or wholesale trader.
2. A fine from VND 60,000,000 to 80,000,000 shall be imposed on petrol and oil distributors committing one of the following violations:
a) Buying petrol and oil from wholesale traders or subsidiary companies authorized by wholesale traders or other petrol and oil distributors without petrol and oil purchase contracts as prescribed;
b) Entering into a petrol and oil retail franchise contract with a petrol and oil retail franchisee who does not satisfy prescribed requirements.
3. A fine from VND 80,000,000 to VND 100,000,000 shall be imposed on wholesale traders committing one of the following violations:
a) Entering into a petrol and oil retail franchise contract with a petrol and oil retail franchisee while such trader is in another wholesale trader or distributor’s distribution system;
b) Selling petrol and oil for a petrol and oil distributor who does not meet prescribed requirements does not have a petrol and oil purchase contract as prescribed.
4. Remedial measures:
Forcible refund of illicit profits earned through the commission of violations specified in this Article.
Article 25. Acts of violating regulations on petrol and oil transshipment or ship-to-ship transfer
A fine from VND 20,000,000 to 40,000,000 shall be imposed for the acts of transshipping or transferring alongside ships petrol and oil not at prescribed places, or transshipping or transferring alongside ships petrol and oil from large ships or other means of transport which cannot be accommodated by Vietnamese ports contrary to port authorities’ regulations.
Article 26. Acts of violating regulations on petrol and oil service provision
1. A fine from VND 20,000,000 to VND 40,000,000 shall be imposed for the acts of transporting petrol and oil but inlet door, exhaust valve handle or exhaust cover cap of the petrol and oil tank is not sealed with lead as regulated or sealed with incorrect leaden seal and seal like the original petrol delivery record.
2. A fine from VND 100,000,000 to VND 140,000,000 shall be imposed on petrol and oil service providers committing one of the following violations:
a) Entering into a depot lease contract with the total capacity exceeding the actual total capacity of the depot;
b) Failing to furnish equipment for inspecting and supervising vehicles transporting petrol and oil, or having equipment for inspecting and supervising vehicles transporting petrol and oil but such equipment is not operational or effective.
3. Remedial measures:
Forcible refund of illicit profits earned through the commission of violations specified at Point a, Clause 2 of this Article.
Article 27. Acts of violating regulations on production, import, export, temporary import for re-export, border-gate transfer, export processing of petrol and oil and raw materials for petrol and oil production
1. A fine from VND 80,000,000 to VND 100,000,000 shall be imposed on petrol and oil producers exporting petrol and oil which they do not produce or process for export.
2. A fine from VND 100,000,000 to VND 120,000,000 shall be imposed for the acts of temporarily importing for re-export, border-gate transferring petrol, oil and raw materials for petrol and oil production without having a petrol and oil import or export license under regulations or after the deprivation of the right to use such license or the revocation of such license.
3. A fine from VND 120,000,000 to VND 140,000,000 shall be imposed for any of the following acts of violations:
a) Importing petrol and oil with quantities and categories lower than the minimum quota and categories annually assigned by competent state agencies;
b) Failing to import petrol and oil according to the quarterly schedule or the schedule stated in documents on specific import schedules provided by the competent state agency.
4. Additional sanctions:
Confiscation of violation material evidences, for the acts of violations specified in Clause 1 of this Article.
5. Remedial measures:
a) Forcible bringing out of the territory of the Socialist Republic of Vietnam or forcible re-export of petrol and oil, raw materials for petrol and oil production, for the acts of violations specified in Clause 2 of this Article;
b) Forcible refund of illicit profits earned through the commission of violations specified in Clauses 1 and 2 of this Article.
Article 28. Acts of violating regulations on petrol and oil processing
1. A fine from VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following acts of violations:
a) A wholesale trader processes petrol and oil without having its processing establishment registered as prescribed;
b) Processing petrol and oil at a place other than production places, processing workstations or petrol and oil warehouses to serve the domestic consumption demand of wholesale traders.
2. A fine from VND 60,000,000 to VND 80,000,000 shall be imposed on petrol and oil importers and exporters processing petrol and oil products without having a laboratory capable of testing petrol and oil quality under national technical regulations as prescribed.
3. A fine from VND 80,000,000 to VND 100,000,000 shall be imposed for the acts of processing petrol and oil while not being a wholesale trader.
4. Additional sanctions:
a) Confiscation of violation material evidences, for the acts of violations specified in Clauses 2 and 3 of this Article;
b) Confiscation of means used to commit administrative violations, for the acts of violations specified in Clause 3 of this Article;
c) Suspension of petrol and oil processing operation, from 01 month to 03 months, for the acts of violations specified in Clause 2 of this Article.
Article 29. Acts of violations in building the quality control system and the laboratory capacity management system, implementing the roadmap of mixing bio-fuel and traditional fuels as prescribed by the Prime Minister
1. A fine from VND 10,000,000 to VND 20,000,000 shall be imposed for the acts of failing to build, apply and maintain the effectiveness of, a petrol and oil quality control system as prescribed.
2. A fine that is double the fine imposed for the acts of violations specified in Clause 1 of this Article shall be applied if the violator is a wholesale trader, petrol and oil distributor or a petrol and oil general agent.
3. A fine from VND 40,000,000 to VND 60,000,000 shall be imposed for the acts of failing to build the laboratory capacity management system as prescribed, except for the case of hiring testing services.
4. A fine from VND 60,000,000 to VND 80,000,000 shall be imposed on petrol and oil importers and exporters who fail to implement the roadmap of application of the mixing proportion of bio-fuel and traditional fuels as prescribed by the Prime Minister.
Article 30. Acts of violating regulations on reserve of petrol, oil and raw materials for petrol and oil production
1. A fine from VND 100,000,000 to VND 120,000,000 shall be imposed on petrol and oil producers who fail to maintain the reserve level of raw materials for petrol and oil production or maintain the reserve level of raw materials for petrol and oil production below the minimum reserve level as prescribed.
2. A fine from VND 120,000,000 to VND 140,000,000 shall be imposed on wholesale traders who fail to maintain the compulsory petrol and oil reserve level or maintain the compulsory petrol and oil reserve level below the minimum reserve level as prescribed.
Article 31. Acts of violating regulations on cross-border petrol and oil transportation, purchase and exchange
1. A fine imposed for the acts of transporting, purchasing and exchanging petrol and oil across the border or from non-tariff zones to the inland or vice versa that is contrary to regulations shall be prescribed as follows:
a) A fine from VND 5,000,000 to VND 10,000,000 shall be imposed in cases where the violated petrol and oil is valued at less than VND 10,000,000;
b) A fine from VND 10,000,000 to VND 20,000,000 shall be imposed in cases where the violated petrol and oil is valued at between VND 10,000,000 and less than VND 30,000,000;
c) A fine from VND 20,000,000 and VND 40,000,000 shall be imposed in cases where the violated petrol and oil is valued at between VND 30,000,000 and less than VND 50,000,000;
d) A fine from VND 40,000,000 to VND 60,000,000 shall be imposed in cases where the violated petrol and oil is valued at between VND 50,000,000 and less than VND 70,000,000;
dd) A fine from VND 60,000,000 to VND 80,000,000 shall be imposed in cases where the violated petrol and oil is valued at between VND 70,000,000 and less than VND 100,000,000.
2. A fine from VND 80,000,000 to VND 100,000,000 shall be imposed for the acts of violations specified in Clause 1 of this Article in cases where the violated petrol and oil is valued at VND 100,000,000 or more and not subject to penal liability examination.
3. Additional sanctions:
a) Confiscation of violation material evidences, for the acts of violations specified in this Article;
b) Confiscation of means used to transport petrol and oil across the border in cases where the violation material evidences are valued at VND 100,000,000 or more.
Article 32. Acts of violations in trading smuggled petrol and oil or petrol and oil of unclear origin
Government’s regulations on handling of administrative violations in commercial activities, production of, trading in counterfeit or banned goods and protection of consumer rights shall be applied for the acts of trading smuggled petrol and oil or petrol and oil of unclear origin.
Article 33. Acts of violating regulations on petrol and oil trading management in border and sea areas
1. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following violations involving a violated petrol and oil value of less than VND 10,000,000:
a) Transporting petrol and oil into a border area in contravention of regulations;
b) Trading in, exchanging or transferring alongside ships petrol and oil at sea with foreign ships, boats or vehicles.
2. A fine from VND 10,000,000 to VND 20,000,000 shall be imposed for the acts of violations specified in Clause 1 of this Article, in cases where the violated petrol and oil is valued at between VND 10,000,000 and less than VND 30,000,000.
3. A fine from VND 20,000,000 to VND 40,000,000 shall be imposed for the acts of violations specified in Clause 1 of this Article, in cases where the violated petrol and oil is valued at between VND 30,000,000 and less than VND 50,000,000.
4. A fine from VND 40,000,000 to VND 60,000,000 shall be imposed for the acts of violations specified in Clause 1 of this Article, in cases where the violated petrol and oil is valued at between VND 50,000,000 and less than VND 70,000,000.
5. A fine from VND 60,000,000 to VND 80,000,000 shall be imposed for the acts of violations specified in Clause 1 of this Article, in cases where the violated petrol and oil is valued at between VND 70,000,000 and less than VND 100,000,000.
6. A fine from VND 80,000,000 to VND 100,000,000 shall be imposed for the acts of violations specified in Clause 1 of this Article, in cases where the violated petrol and oil is valued at VND 100,000,000 or more.
7. A fine from VND 10,000,000 to VND 20,000,000 shall be imposed for petrol and oil retail stations in border areas committing one of the following violations:
a) Failing to comply with regulations on petrol and oil selling time at border areas;
b) Failing to comply with regulations on methods, norms of petrol and oil retail for infrequent foreign vehicles.
8. A fine from VND 20,000,000 to VND 40,000,000 shall be imposed for the acts of failing to implement properly regulations on petrol and oil provision when providing petrol and oil for petrol and oil retail station in border areas.
9. Additional sanctions:
a) Confiscation of violation material evidences, for the acts of violations specified in Clauses 1, 2, 3, 4, 5 and 6 of this Article;
b) Confiscation of means used to commit administrative violations, for the acts of administrative violations specified in Clause 6 of this Article.
10. Remedial measures:
Forcible refund of illicit profits earned through the commission of violations specified at Point b, Clause 7 of this Article.
Article 34. Acts of violating regulations on signboards
1. A fine from VND 10,000,000 to VND 20,000,000 shall be imposed for the acts of failing to write names or writing incorrect names of wholesale traders, petrol and oil distributors that supply petrol and oil on the signboards of petrol and oil retail stations.
2. A fine from VND 20,000,000 to VND 40,000,000 shall be imposed on petrol and oil distributors for failing to uniformly stipulate the writing of petrol and oil distributors’ names on the signboards of petrol and oil retail stations in their distribution systems.
3. A fine from VND 40,000,000 to VND 60,000,000 shall be imposed on wholesale traders for failing to uniformly stipulate the writing of wholesale traders’ names on the signboards of petrol and oil retail stations in their distribution systems.
4. The acts of violating regulations on the use of trademarks, trade names, logos or trade indications shall be sanctioned according to the Government s regulations on sanctioning of administrative violations in the industrial property sector.
Article 35. Acts of violating other regulations on petrol and oil retail
1. A fine from VND 1,000,000 to VND 3,000,000 shall be imposed for the acts of failing to state or failing to clearly state the selling time at stores as prescribed.
2. A fine from VND 3,000,000 to VND 5,000,000 shall be imposed for the acts of selling petrol and oil by mini filling columns, shake pump, barrel, bottle and other containers except for the case that traders being business households, petrol and oil distribution stations belonging to the armed forces (national defense and public security) in mountainous areas and highlands as prescribed are permitted by People’s Committees of provinces and centrally run cities to act as petrol and oil retail agents with scale and equipment in accordance with petrol and oil trading conditions at such localities.
3. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed for the acts of failing to register the selling time of the petrol and oil retail station with competent state management agency as prescribed.
4. A fine from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following acts of violations:
a) Reducing the selling time currently displayed or applied without a plausible reason or notice to competent state management agencies according to regulations;
b) Failing to sell or stop selling without written approval from the competent state management agency or failing to notify the competent state management agency as prescribed;
c) Reducing petrol and oil volumes to be sold compared to previously sold ones without a plausible reason or notice to competent sate management agencies according to regulations.
5. A fine from VND 20,000,000 to VND 40,000,000 shall be imposed for the acts of selling petrol and oil through automatic or mobile petrol and oil filling column without the competent agency’s approval, except for the case specified in Clause 2 of this Article.
6. Additional sanctions:
Confiscation of material evidences and means used in administrative violations, for the acts of violations specified in Clauses 2 and 5 of this Article.
7. Remedial measures:
Forcible refund of illicit profits earned through the commission of violations specified in Clauses 2 and 5 of this Article.
Chapter IV
ACTS OF ADMINISTRATIVE VIOLATIONS, SANCTIONING FORMS AND REMEDIAL MEASURES IN GAS TRADING
Section 1
ACTS OF VIOLATING REGULATIONS ON GAS TRADING CONDITIONS
Article 36. Acts of violating regulations on conditions for gas exporters or importers
1. A fine from VND 40,000,000 to VND 60,000,000 shall be imposed on LPG exporters and importers trading bottled LPG who commit one of the following violations:
a) Circulating LPG bottles under their ownership or LPG bottles hired under contracts do not meet conditions for circulation in the market;
b) Failing to have LPG bottles or contract of hiring LPG bottles as prescribed.
2. A fine from VND 60,000,000 to VND 80,000,000 shall be imposed on gas exporters and importers conducting one of the following violations:
a) Having no wharf or a contract for rent of a wharf within a Vietnamese seaport permitted for using by a competent authority for at least 05 years;
b) Gas storage tanks under their ownership or gas storage tanks hired under contracts do not meet conditions on safety as prescribed;
c) Failing to have a gas storage tank or a contract for rent of a gas storage tank as prescribed.
3. A fine from VND 80,000,000 to VND 120,000,000 shall be imposed on gas exporters or importers trading gas through pipeline without having gas supply stations which meet requirements on safety in accordance with law provisions.
4. A fine from VND 120,000,000 to VND 160,000,000 shall be imposed for any of the following acts of violations:
a) Importing or exporting gas without a certificate of eligibility for acting as gas exporter and importer or an expired certificate of eligibility for acting as gas exporter and importer or importing or exporting gas after being deprived the right to use the certificate of eligibility for acting as gas exporter and importer, except for the case that the gas producer or processor satisfies conditions of a gas exporter or importer as prescribed;
b) Using the certificate of eligibility for acting as gas exporter and importer which is erased, modified to falsify the contents;
c) Leasing, lending or leasing, borrowing the certificate of eligibility for acting as gas exporter and importer.
5. Additional sanctions:
a) Confiscation of violation material evidences, for acts of violation specified in Point b, Clause 4 of this Article;
b) Deprivation of the right to use the certificate of eligibility for acting as gas exporter and importer from 01 month to 03 months for the acts of violation specified in Clauses 1, 2 and 3 of this Article;
c) Deprivation of the right to use the certificate of eligibility for acting as gas exporter and importer from 03 months to 06 months for the acts of violation specified at Point c, Clause 4 of this Article.
6. Remedial measures:
a) Forcible recall of LPG bottles that do not meet conditions for circulation on the market, for the acts of violations specified at Point a, Clause 1 of this Article;
b) Forcible refund of illicit profits earned through the commission of violations specified in Clause 4 of this Article;
b) Forcible bringing out of the territory of the Socialist Republic of Vietnam or forcible re-exporting of gas, for the acts of violation specified at Point a, Clause 4 of this Article.
Article 37. Acts of violating regulations on conditions for gas producers or processors
1. A fine from VND 60,000,000 to VND 80,000,000 shall be imposed for any of the following acts of violations:
a) Producing and processing gas at facilities that are not approved for construction investment by competent authorities;
b) Failing to own or rent laboratories capable of testing gas quality norms as prescribed in the National technical regulation according to contracts for at least 01 year as prescribed;
c) Lines, machines and devices are not inspected as prescribed.
2. A fine from VND 80,000,000 to VND 100,000,000 shall be imposed for any of the following acts of violations:
a) Producing and processing LNG without having a LNG pump and filling system for transportation or a system to serve the gasification for supply to customers;
b) Producing and processing CNG without having a CNG compression station as prescribed.
3. Additional sanctions:
a) Suspension of gas production and processing operation, from 01 month to 03 months, for the acts of violations specified in Clause 1 of this Article;
b) Suspending LNG production and processing operation, from 03 months to 06 months, for the acts of violation specified at Point a, Clause 2 of this Article;
c) Suspension of CNG production and processing operation, from 03 months to 06 months, for the acts of violations specified at Point b, Clause 2 of this Article.
Article 38. Acts of violating regulations on conditions for gas traders
1. A fine from VND 40,000,000 to VND 60,000,000 shall be imposed on gas traders committing one of the following violations:
a) Having gas storage tanks which do not satisfy requirements on safety as prescribed;
b) Having LPG bottles which do not fully satisfy conditions for circulation on the market;
c) Failing to have gas storage tanks or contracts for leasing gas storage tanks or failing to have LPG bottles or LPG bottle lease contracts as prescribed.
2. A fine from VND 60,000,000 and VND 80,000,000 shall be imposed for one of the following acts of violations, except for the cases specified in Clause 2, Article 39 of this Decree:
a) Trading gas without having a certificate of eligibility for acting as gas trader, or with an expired certificate of eligibility for acting as gas trader, or in case where certificate of eligibility for acting as gas trader has been deprived or revoked;
b) Using the certificate of eligibility for acting as gas trader which is erased, modified to falsify the contents;
c) Leasing, lending or leasing, borrowing the certificate of eligibility for acting as gas trader.
3. A fine from VND 80,000,000 to VND 100,000,000 shall be imposed on pipelined gas traders failing to have gas supply stations which fully meet requirements on safety in accordance with law provisions.
4. A fine from VND 100,000,000 to VND 120,000,000 shall be imposed for one of the following acts:
a) LNG traders fails to have CNG supply stations or vehicle CNG filling stations which fully satisfy conditions on safety, fire prevention and fighting as prescribed;
b) CNG traders fails to have CNG tank trucks, CNG compression stations, CNG supply stations or vehicle CNG filling stations which fully satisfy conditions on safety, fire prevention and fighting as prescribed.
5. Additional sanctions:
a) Confiscation of violation material evidences, for acts of violation specified at Point b, Clause 2 of this Article;
b) Deprivation of the right to use the certificate of eligibility for acting as gas trader from 01 month to 03 months, for the acts of violations specified in this Article;
c) Suspension of pipelined gas trading operation, from 01 month to 03 months, for the acts of violations specified in Clause 3 of this Article.
6. Remedial measures:
a) Forcible recall of LPG bottles that do not meet conditions for circulation on the market, for the acts of violations specified at Point b, Clause 1 of this Article;
b) Forcible refund of illicit profits earned through the commission of violations specified in Clause 2 of this Article.
Article 39. Acts of violating regulations on conditions for bottled LPG retail stores
1. A fine from VND 10,000,000 to VND 20,000,000 shall be imposed for the acts of retailing bottled LPG without a contract of selling bottled LPG with a trader who has a valid certificate of eligibility as prescribed, except for the case that the trader owns such store.
2. A fine from VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts of violations:
a) Retailing bottled LPG at its establishment without having a certificate of eligibility for retailing bottled LPG or , or with an expired certificate of eligibility for retailing bottled LPG, or in case where the certificate of eligibility for retailing bottled LPG has been deprived or revoked;
b) Using the certificate of eligibility for retailing bottled LPG which is erased, modified to falsify the contents;
c) Leasing, lending or leasing, borrowing the certificate of eligibility for retailing bottled LPG.
3. Additional sanctions:
a) Confiscation of violation material evidences, for acts of violation specified at Point b, Clause 2 of this Article;
a) Depriving the right to use the certificate of eligibility for retailing bottled LPG from 01 month to 03 months, for the acts of violations specified in Clause 1 and at Point c, Clause 2 of this Article.
4. Remedial measures:
Forcible refund of illicit profits earned through the commission of violations specified in Clause 2 of this Article.
Article 40. Acts of violating regulations for LPG bottling stations, LPG tank truck filling stations, vehicle gas-filling stations, gas supply stations and CNG compression stations
1. A fine from VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following acts of violations:
a) LPG bottling stations, LPG tank truck filling stations, vehicle gas-filling stations, gas supply stations and CNG compression stations have not been approved for construction investment by competent authorities;
b) Traders whose LPG bottling stations do not have bottled LPG storehouses meeting the regulations on safety, fire prevention and fighting as prescribed.
2. A fine from VND 60,000,000 to VND 80,000,000 shall be imposed for any of the following acts of violations:
a) Using a certificate of eligibility for vehicle gas-filling station, LPG tank truck filling station or LPG bottling station which is erased, modified to falsify the contents;
b) Leasing, lending or leasing, borrowing the certificate of eligibility for vehicle gas-filling station, LPG tank truck filling station or LPG bottling station.
3. A fine from VND 80,000,000 to VND 100,000,000 shall be imposed for any of the following acts of violations:
a) Conducting LPG bottle filling without having a certificate of eligibility for LPG-bottling station according to regulations;
b) Conducting LPG bottle filling with an expired certificate of eligibility for LPG-bottling station or in case where the certificate of eligibility for LPG-bottling station has been deprived or revoked.
4. A fine from VND 100,000,000 to VND 140,000,000 shall be imposed for any of the following acts of violations:
a) Filling a vehicle with gas without a certificate of eligibility for vehicle gas-filling station or filling a tank truck with LPG without a certificate of eligibility for LPG tank truck filling station as prescribed;
b) Filling a vehicle with gas with an expired certificate of eligibility for filling gas to a vehicle or in case where the certificate of eligibility for filling gas to a vehicle has been deprived or revoked;
b) Filling a tank truck with LPG with an expired certificate of eligibility for LPG tank truck filling station or in case where the certificate of eligibility for LPG tank truck filling station has been deprived or revoked;
d) Continuing to supply gas from fixed storage tanks or LPG bottle rig system directly through the pipeline to the place of use or compress CNG into the storage tanks during the period of being suspended from operation by competent state management agencies.
5. Additional sanctions:
a) Confiscation of violation material evidences, for acts of violation specified at Point a, Clause 2 of this Article;
b) Deprivation of the right to use a certificate of eligibility for vehicle gas-filling station, certificate of eligibility for LPG tank truck filling station or certificate of eligibility for LPG-bottling station, from 01 month to 03 months or suspension of operation of a gas supply station or CNG compression station from 01 month to 03 months, for the acts of violations specified in Clause 1 of this Article;
c) Deprivation of the right to use a certificate of eligibility for vehicle gas-filling station, certificate of eligibility for LPG tank truck filling station or certificate of eligibility for LPG-bottling station, from 03 months to 06 months, for the acts of violations specified at Point b, Clause 2 of this Article.
6. Remedial measures:
Forcible refund of illicit profits earned through the commission of violations specified in Clauses 2, 3 and 4 of this Article.
Article 41. Acts of violating regulations on conditions for circulation of LPG bottles, bottled LPG and mini bottled LPG on market
1. A fine from VND 10,000,000 to VND 20,000,000 shall be imposed for the acts of trading bottled LPG without proper seal.
2. A fine from VND 20,000,000 to VND 40,000,000 for one of the following acts of violating regulations on conditions for circulation of LPG bottles (including mini LPG bottles) on market:
a) Circulating LPG bottles on market without sufficient dossiers and origins of the manufactures as prescribed;
b) Circulating on market with LPG bottles contrary that are not in compliance with technical regulations or LPG bottles that are not carried out technical inspection of occupational safety according to regulations.
3. Remedial measures:
Forcible recall of bottled LPG, mini LPG bottles and LPG bottles that do not meet conditions for circulation on market, for the acts of violations specified in this Article.
Article 42. Acts of violating regulations on production and repair of LPG bottles
1. A fine from VND 20,000,000 to VND 40,000,000 shall be imposed for the acts of failing to fully meet regulations on safety, manufacturing, repairing process and the process of inspecting product quality as prescribed when producing and repairing LPG bottles.
2. A fine from VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following acts of violations:
a) Producing and repairing LPG bottles without having testing equipment satisfied requirements on safe inspection as prescribed;
b) Using the certificate of eligibility for producing and repairing LPG bottles which is erased, modified to falsify the contents;
c) Leasing, lending or leasing, borrowing the certificate of eligibility for producing and repairing LPG bottles.
3. A fine from VND 80,000,000 to VND 100,000,000 shall be imposed for any of the following acts of violations:
a) Producing and repairing LPG bottles without certificate of eligibility for producing and repairing LPG bottles as prescribed;
b) Continuing to produce and repair LPG bottles with an expired certificate of eligibility for producing and repairing LPG bottles or in case where the certificate of eligibility for producing and repairing LPG bottles has been deprived or revoked.
4. Additional sanctions:
a) Confiscation of violation material evidences, for acts of violation specified at Point b, Clause 2 of this Article;
b) Deprivation of the right to use the certificate of eligibility for producing and repairing LPG bottles from 01 month to 03 months, for the acts of violations specified at Points a and c, Clause 2 of this Article.
5. Remedial measures:
Forcible refund of illicit profits earned through the commission of violations specified at Points b and c, Clause 2 and Clause 3 of this Article.
Article 43. Acts of violating regulations on conditions for mini LPG bottle production
1. A fine from VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following acts of violations:
a) Failing to fully meet requirements on safety, production and product quality inspection process as prescribed when producing mini LPG bottles;
b) Failing to have adequate lines, machines and equipment for the production of mini LPG bottles as prescribed in the National technical regulations;
c) Failing to have adequate testing equipment satisfying requirements on safe inspection of mini LPG bottles as prescribed;
d) Using the certificate of eligibility for producing mini LPG bottles which is erased, modified to falsify the contents;
dd) Leasing, lending or leasing, borrowing the certificate of eligibility for producing mini LPG bottles.
2. A fine from VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following acts of violations:
a) Producing mini LPG bottles without a certificate of eligibility for producing mini LPG bottles as prescribed;
b) Continuing to produce mini LPG bottles with an expired certificate of eligibility for producing mini LPG bottles or in case where the certificate of eligibility for producing mini LPG bottles has been deprived or revoked.
3. Additional sanctions:
a) Confiscation of violation material evidences, for the acts of violation specified at Points a and d, Clause 1 and Clause 2 of this Article;
b) Deprivation of the right to use the certificate of eligibility for producing mini LPG bottles from 01 month to 03 months, for the acts of violations specified at Points b, c and dd, Clause 1 of this Article.
4. Remedial measures:
Forcible refund of illicit profits earned through the commission of violations specified at Point dd, Clause 1 and Clause 2 of this Article.
Section 2
ACTS OF VIOLATING REGULATIONS ON GAS TRADING
Article 44. Acts of violating regulations on gas trading of gas exporters and importers, gas producers and processors
1. A fine from VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following acts of violations:
a) Failing to make report or failing to report the distribution system, trademark, import, export and purchase activities on market to the Ministry of Industry and Trade within the prescribed time limit;
b) The following information on LPG bottles: owners, bottle types, bottle serial number, inspection term stated in the bottle, names and addresses of traders buying LPG bottles, customers and date of delivering LPG bottles recorded in the monitor book or electronic database applying information technology to monitor LPG bottles sold for other LPG traders or customers is not sufficient;
c) Preparing gas without a commitment to ensure the quality of the additive without affecting the safety of humans, animals, plants, environment and gas quality as prescribed.
2. A fine from VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following acts of violations:
a) Failing to train or hire an organize to provide safe technical training courses for employees at gas trading establishments as prescribed;
b) Employing manager or staff who has not been trained in the safety technique and fire prevention and fighting as prescribed at the gas trading establishment;
c) Failing to formulate the safety management program, risk assessment report, emergency response plan as prescribed;
b) Failing to make the monitor book or electronic database applying information technology to monitor LPG bottles sold for other LPG traders or customers when trading LPG bottles.
3. A fine from VND 60,000,000 to VND 80,000,000 shall be imposed for any of the following acts of violations:
a) Failing to carry out occupational safety inspection as prescribed with LPG bottles, gas storage tanks, LPG-based auxiliary equipment, LNG and CNG trading auxiliary equipment of traders as prescribed;
b) Failing to stipulate gas and LPG bottle selling prices for traders under the management as prescribed;
c) Selling gas or LPG bottles for gas traders who do not fully meet conditions for gas trading as prescribed.
4. A fine from VND 80,000,000 to VND 120,000,000 shall be imposed for any of the following acts of violations:
a) Failing to inspect, maintain and replace LPG bottles and gas-based auxiliary equipment that are not safe for customers;
b) Illegally occupying, purchasing, selling, exchanging, storing and collecting LPG bottles not belong to the ownership without a contract of LPG bottle purchase or lease or without an agreement on exchanging LPG bottles with the owner, except for case of hiring for filling;
b) Purchasing and selling LPG bottles and bottled LPG not qualified for circulation on market.
5. Additional sanctions:
a) Confiscation of exhibits for acts of violation specified at Points b and c, Clause 4 of this Article, except for the case of application of the remedial measures prescribed at Point a, Clause 6 of this Article.
b) Deprivation of the right to use certificate of eligibility for acting as gas exporter and importer or suspension of gas production, processing and preparation operation from 01 month to 03 months, for the acts of violations specified at Point b, Clause 2, Points a and b, Clause 3 of this Article, in case of repeated violation commission or recidivism;
c) Suspension of LPG bottle purchase operation from 01 month to 03 months, for the acts of violations specified at Points b and c, Clause 4 of this Article.
6. Remedial measures:
a) Forcible return of LPG bottles to the owners, for the acts of violations specified at Point b, Clause 4 of this Article, in case the legal owners, managers or users are not intentional in the use of material evidence to commit acts of administrative violations by the violators;
b) Forcible carrying out of examination, maintenance and replace of LPG bottle, gas-based auxiliary equipment which is not safe for customers, for the acts of violations specified at Point a, Clause 4 of this Article;
Forcible refund of illicit profits earned through the commission of violations specified at Point c, Clause 3, Points b and c, Clause 4 of this Article.
Article 45. Acts of violating regulations on gas trading of gas traders
1. A fine from VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following acts of violations:
a) Failing to train or hire an organize to provide safe technical training courses for employees at gas trading establishments as prescribed;
b) Employing manager or staff who has not been trained in the safety technique and fire prevention and fighting as prescribed at the gas trading establishment;
c) Failing to formulate the safety management program, risk assessment report, emergency response plan as prescribed;
c) Failing to make a report or failing to report the distribution system, trademark and gas trading activities on the market to the Department of Industry and Trade where the trader’s headquarter is located within the prescribed time limit;
dd) The following information on LPG bottles: owners, bottle types, bottle serial number, inspection term stated in the bottle, names and addresses of traders buying LPG bottles, customers and date of delivering LPG bottles recorded in the monitor book or electronic database applying information technology to monitor LPG bottles sold for other LPG traders or customers is not sufficient;
2. A fine from VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following acts of violations:
a) Failing to carry out occupational safety inspection as prescribed with LPG bottles, gas storage tanks, LPG-based auxiliary equipment, LNG and CNG trading auxiliary equipment of traders;
b) Failing to stipulate gas and LPG bottle selling prices for traders under the management as prescribed;
c) Failing to make the book or electronic database applying information technology to monitor LPG bottles sold for other LPG traders or customers when trading LPG bottles;
d) Selling gas or LPG bottles for gas traders who do not fully meet conditions for gas trading as prescribed.
3. A fine from VND 60,000,000 to VND 80,000,000 shall be imposed for any of the following acts of violations:
a) Failing to inspect, maintain and replace LPG bottles and gas-based auxiliary equipment that are not safe for customers;
b) Illegally occupying, purchasing, selling, exchanging, storing and collecting LPG bottles not belong to the ownership without a contract of LPG bottle purchase or lease or without an agreement on exchanging LPG bottles with the owner, except for case of hiring for filling;
c) Purchasing and selling LPG bottles and bottled LPG not qualified for circulation on market;
d) Signing contracts for purchasing gas with gas importers and exporters or gas traders who do not have certificates of eligibility for acting as gas exporters and importers, certificates of eligibility for acting as gas traders as prescribed or signing contracts for purchasing gas with gas producers and processors who do not fully meet conditions for trading gas as prescribed.
4. Additional sanctions:
a) Confiscation of exhibits for acts of violation specified at Points b and c, Clause 3 of this Article, except for the case of application of the remedial measures prescribed at Point a, Clause 5 of this Article.
b) Deprivation of the right to use certificates of eligibility for acting as gas traders for a period of between 01 month and 03 months, for the acts of violations specified at Point b, Clause 1, Points a and b, Clause 2 of this Article in case of repeated violation or recidivism;
c) Deprivation of the right to use the certificates of eligibility for acting as gas traders from 01 month to 03 months, for the acts of violations specified at Points b and c, Clause 3 of this Article.
5. Remedial measures:
a) Forcible return of LPG bottles to the owners, for the acts of violations specified at Point b, Clause 3 of this Article, in case the owners, managers or legal users do not intentionally let the violators use material evidence to commit acts of administrative violations;
b) Forcible carrying out of examination, maintenance and replace of LPG bottle, gas-based auxiliary equipment which is not safe for customers, for the acts of violations specified at Point a, Clause 3 of this Article;
c) Forcible refund of illicit profits earned through the commission of violations specified at Point d, Clause 2, Points b, c and d, Clause 3 of this Article.
Article 46. Acts of violating regulations on LPG trading at bottled LPG retail stores
1. A fine from VND 5,000,000 to VND 10,000,000 for the acts of one of the following acts of violation:
a) Failing to inspect the tightness of bottle valves, joints and soft pipes when newly installation or replacement of LPG bottles for customers;
b) Newly installing or replacing LPG bottle for customers without having the inspection witnessed and the delivery record signed by customers as prescribed;
c) Failing to provide instruction material and directly guide necessary information on safe use of LPG, preventive measures, steps of handling upon LPG leak; process of using gas stoves, storing bottle and accessories for customers using the store s gas stoves, LPG bottles;
d) Providing bottled LPG for customers without providing for customers or keeping at the store goods delivery slips containing adequate information about owners, bottle types, serial number, company importing such bottles, names and addresses of customers, date of delivery, name, address and contact number of the store;
dd) Failing to put up signboards and symbols of LPG traders entering into bottled LPG selling contracts with the store;
e) There is no sufficient information on LPG bottles as prescribed in the book or electronic database applying information techniques to monitor LPG bottles sold at the bottled LPG retail store.
2. A fine from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following acts of violations:
a) Failing to train or hire an organize to provide safe technical training courses for employees at bottled LPG retail store as prescribed;
b) Employing manager or staff who has not been trained in the safety technique and fire prevention and fighting as prescribed at the bottled LPG retail store;
c) Selling unsealed, leaked bottled LPG or bottled LPG whose quality and volume contrary to those indicated on the goods labels as prescribed for customers;
d) Replacing or providing for customers accessories which are not safe when using or those are not specialized accessories for LPG as prescribed;
dd) Failing to formulate the book or electronic database applying information techniques to monitor LPG bottles sold at the bottled LPG retail store.
3. A fine from VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following acts of violations:
a) Purchasing and selling bottled LPG, mini bottled LPG or LPG bottles not qualified for circulation on market;
b) Selling bottled LPG of other LPG traders without contracts or selling bottled LPG other than those provided in the signed contract;
c) Storing and collecting LPG bottles of other LPG traders other than the contract signed by the store.
4. Additional sanctions:
a) Confiscation of violation material evidences, for the acts of violation specified in Clause 3 of this Article, except for the cases prescribed at Point a, Clause 5 of this Article;
b) Deprivation of the right to use certificates of eligibility for retailing bottled LPG for a period of between 01 month and 03 months, for the acts of violations specified in Clause 2 of this Article in cases of repeated violation or recidivism;
c) Depriving the right to use the certificate of eligibility for retailing bottled LPG from 03 months to 06 months, for the acts of violations specified in Clause 3 of this Article.
5. Remedial measures:
a) Forcible return of LPG bottles to the owners, for the acts of violations specified at Points b and c, Clause 3 of this Article, in case the legal owners, managers or users do not intentionally in the use of material evidence to commit acts of administrative violations by the violators;
b) Forcible refund of illicit profits earned through the commission of violations specified at Point c, Clause 2, Points a and b, Clause 3 of this Article;
c) Forcible recall of bottled LPG that does not meet conditions for circulation on the market, for the acts of violations specified at Point c, Clause 1 and Point a, Clause 3 of this Article.
Article 47. Acts of violating regulations on filling up bottle with LPG
1. A fine from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following acts of violations:
a) Failing to train or hire an organize to provide safe technical training courses for employees at LPG bottling station as prescribed;
b) Employing manager or staff who has not been trained in the safety technique and fire prevention and fighting as prescribed at the LPG bottling station;
c) Failing to formulate the safety management program, risk assessment report, emergency response plan as prescribed;
d) There is no sufficient information on LPG bottles as prescribed in the monitor book or electronic database applying information techniques in managing the bottle LPG-filling at the LPG bottling station.
2. A fine from VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following acts of violations:
a) Storing LPG bottles and bottled LPG of other traders without a contract of hiring for filling up bottle with LPG at the filling station;
b) Entering into a contract of filling up bottle with LPG with a trader who does not have a valid gas business license or a certificate of trademark registration as prescribed;
d) Failing to formulate the monitor book or electronic database applying information techniques in managing the bottle LPG-filling at the LPG bottling station.
3. A fine from VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following acts of violations:
a) Filling up bottle with LPG while LPG bottles fail to satisfy fully conditions for circulation as prescribed;
b) Filling up bottle with LPG while LPG bottles are not owned by trader possessing the filling station, except for case of having contract of hiring for filling up bottle with LPG;
c) Filling up bottle with LPG whose volume and quality disconformable to trademarks, national technical regulations and quality standards announced by gas producers and processors or gas exporters and importers as prescribed;
d) Extracting, filling with LPG from gas storage tank or tank truck into a LPG bottle, or from a bigger bottle into a smaller bottle or mini LPG bottle.
4. Additional sanctions:
a) Confiscation of violation material evidences, for the acts of violation specified at Point a, Clause 2 and Clause 3 of this Article, except for the cases prescribed in Clause 5 of this Article;
b) Deprivation of the right to use certificates of eligibility for LPG-bottling station for a period of between 03 months and 06 months, for the acts of violations specified at Point a, Clause 2 and Clause 3 of this Article.
5. Remedial measures:
a) Forcible return of LPG bottles to the owners, for the acts of violations specified at Point a, Clause 2, Points b and c, Clause 3 of this Article, in case the legal owners, managers or users do not intentionally in the use of material evidence to commit acts of administrative violations by the violators;
b) Forcible refund of illicit profits earned through the commission of violations specified at Point b, Clause 2 and Clause 3 of this Article.
Article 48. Acts of violating regulations on filling up vehicles with gas
1. A fine from VND 10,000,000 to VND 20,000,000 for the act of failing to write fully and clearly the signboard or the symbol of the vehicle gas-filling station in accordance with regulations.
2. A fine from VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following acts of violations:
a) Failing to organize training of, or to lease for organizing training of, safety techniques for the employees working in vehicle gas-filling stations in accordance with regulations;
b) Employing manager or staff who has not been trained in the safety technique as prescribed at the vehicle gas-filling station;
c) Failing to develop safety management program, make risk assessment report and emergency response plan in accordance with regulations.
3. A fine from VND 40,000,000 to VND 60,000,000 for the act of failing to comply with regulations on safety management of vehicle gas-filling stations in accordance with regulations.
4. A fine from VND 60,000,000 to VND 100,000,000 shall be imposed for any of the following acts of violations:
a) Filling up vehicles not fueling LPG with LPG;
b) Filling up vehicles not fueling LNG with LNG;
c) Filling up vehicles not fueling CNG with CNG;
5. Additional sanctions:
Deprivation of the right to use Certificate of eligibility for vehicle gas-filling stations for between 03 months and 06 months, for acts of violations prescribed in Clause 4 of this Article;
6. Remedial measures:
Forcible refund of illicit profits earned through the commission of violations specified in Clause 4 of this Article.
Article 49. Acts of violating regulations on filling up tank trucks with LPG
1. A fine from VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following acts of violations:
a) Failing to organize training of, or to lease for organizing training of, safety techniques for the employees working in tank truck LPG-filling stations in accordance with regulations;
b) Employing manager or staff who has not been trained in the safety technique as prescribed at the tank truck LPG-filling station;
c) Failing to develop safety management program, make risk assessment report and emergency response plan in accordance with regulations.
2. A fine from VND 40,000,000 to VND 60,000,000 for the act of failing to comply with regulations on safety management of tank truck LPG-filling stations in accordance with regulations.
3. A fine from VND 60,000,000 to VND 100,000,000 for the act of filling up tank trucks with LPG for traders who don’t have any valid gas business license in accordance with regulations.
4. Remedial measures:
Forcible refund of illicit profits earned through the commission of violations specified in Clause 3 of this Article.
Article 50. Acts of violating regulations on gas supply
1. A fine from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following acts of violations:
a) Failing to notify customers buying gas when adjusting gas sales prices;
b) Failing to provide customers with instructions on gas use safety, or to providing customers with instructions on gas use safety without including telephone numbers of gas supply stations and gas supply station managers in accordance with regulations;
2. A fine from VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following acts of violations:
a) Failing to organize training of, or to lease for organizing training of, safety techniques for the employees working in gas-filling, gas supply stations in accordance with regulations;
b) Employing manager or staff who has not been trained in the safety technique as prescribed at the gas supply station;
c) Failing to develop safety management program, make risk assessment report and emergency response plan in accordance with regulations.
3. A fine from VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following acts of violations:
a) Selling gas to customers that don’t have contracts of gas purchase or to customers that have contracts of gas purchase but don t comply with gas use safety regulations;
b) Failing to inspect the safety, measuring devices and
equipment, tightness of locking and safety valves, gas auxiliary equipment, connection joints, pipelines used for supplying gas to customers in accordance with regulations.
4. A fine from VND 60,000,000 to VND 100,000,000 shall be imposed for any of the following acts of violations:
a) Supplying LPG to customers buying LPG without using the pipelines or special-use vehicles eligible for receiving LPG in accordance with regulations;
b) Supplying LNG, CNG to customers buying LNG, CNG without using the pipelines in accordance with regulations.
5. Additional sanctions:
Suspension of operation of gas supply stations for between 03 months and 06 months, for the acts of violations prescribed in Clause 4 of this Article.
6. Remedial measures:
Forcible refund of illicit profits earned through the commission of violations specified in Point a, Clause 3 and 4 of this Article.
Article 51. Acts of violating regulations on CNG compression
1. A fine from VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following acts of violations:
a) Failing to organize training of, or to lease for organizing training of, safety techniques for the employees working in CNG-filling, CNG compression stations in accordance with regulations;
b) Employing manager or staff who has not been trained in the safety technique as prescribed at the CNG compression station;
c) Failing to develop safety management program, make risk assessment report and emergency response plan in accordance with regulations.
2. A fine from VND 40,000,000 to VND 60,000,000 for the act of failing to comply with regulations on safety management of other gas supply stations as prescribed.
3. A fine from VND 60,000,000 to VND 80,000,000 for the act of failing to inspect, maintain and replace equipment of the CNG compression station, to ensure safety in the course of operation in accordance with regulations.
4. Additional sanctions:
Suspension of operation of CNG compression stations for between 01 month and 03 months, for the acts of violations prescribed in Clause 3 of this Article.
Article 52. Acts of violating regulations on services of leasing gas import and export ports, gas storage tanks, bottled LPG storages and of gas transportation
1. A fine from VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following acts of violations:
a) Failing to organize training of, or to lease for organizing training of, safety techniques for the employees working in gas trading establishments in accordance with regulations;
b) Employing manager, staff or operator of gas transportation vehicle who has not been trained in the safety technique as prescribed at the gas trading establishment;
c) Failing to develop safety management program, make risk assessment report and emergency response plan in accordance with regulations.
2. A fine from VND 40,000,000 to VND 60,000,000 shall be imposed on the gas transportation traders performing any of the following acts of violations:
a) Transporting gas for a trader who doesn’t have any valid gas business license in accordance with regulations;
b) Transporting non-originating gas or bottled LPG with the LPG bottles ineligible for circulation on the market;
c) Buying, selling or transporting types of LPG bottles and bottled LPG of other LPG traders without any contract.
3. A fine from VND 80,000,000 to VND 120,000,000 shall be imposed for the act of gas storage tank and bottled LPG storage lease that does not satisfy the conditions of safety, fire prevention and fighting in accordance with regulations.
4. A fine from VND 120,000,000 to VND 200,000,000 shall be imposed for the act of import and export port lease that does not satisfy the conditions of safety, fire prevention and fighting in accordance with regulations.
5. Additional sanctions:
a) Suspension of operation for between 01 month and 03 months, for the acts of violations prescribed in Clause 2 of this Article in cases of repeated administrative violation or recidivism;
b) Suspension of operation for between 03 months and 06 months, for the acts of violations prescribed in Clauses 3 and 4 of this Article;
c) Confiscation of violation material evidences, for the acts of violations prescribed at Points b and c, Clause 2 of this Article, except for cases imposed remedial measures prescribed at Point a, Clause 6 of this Article.
6. Remedial measures:
a) Forcible return of bottled LPG or LPG bottles to owners, for the acts of violations prescribed at Point c, Clause 2 of this Article in case legal owners, managers or users of LPG bottles don’t intentionally let violators use material evidences to commit administrative violations;
b) Forcible refund of illicit profits earned through the commission of violations specified in Clauses 2 and 3 of this Article.
Article 53. Acts of violating regulations on production of, repair of LPG bottles and on production of mini LPG bottles
1. A fine from VND 30,000,000 to VND 40,000,000 shall be imposed for the act of failing to announcing technical regulation conformity of LPG bottles, mini LPG bottles in accordance with regulations.
2. A fine from VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following acts of violations:
a) Failing formulate dossiers of LPG bottles and mini LPG bottles in accordance with regulations;
b) Putting the LPG bottles with identical serial numbers on the market;
c) Repairing non-originating LPG bottles.
3. A fine from VND 60,000,000 to VND 80,000,000 shall be imposed for any of the following acts of violations that change the initial form, structure, weight of LPG bottles without any legal agreement of the LPG bottle owner:
a) Replacing the handle of LPG bottles;
b) Erasing or changing logos of the LPG bottles;
c) Welding a metal to LPG bottles;
d) Swapping valves on the top of LPG bottles;
dd) Modifying original specifications of LPG bottles or other acts of violations leading to the change of the initial form, structure, weight of LPG bottles.
4. Additional sanctions:
a) Confiscation of violation material evidences, for the acts of violations specified at Point c Clause 2 and Clause 3 of this Article;
b) Deprivation of the right to use Certificate of eligibility for producing and repairing LPG bottles or Certificate of eligibility for producing mini LPG bottles for between 01 month and 03 months, for acts of violations prescribed in Clause 2 of this Article in cases of repeated administrative violation or recidivism;
c) Deprivation of the right to use Certificate of eligibility for producing and repairing LPG bottles for between 03 months and 06 months, or suspension of operation for between 03 months and 06 months, for the acts of violations specified in Clause 3 of this Article.
5. Remedial measures:
Forcible recall of LPG bottles and mini LPG bottles ineligible for circulation on the market, for the acts of violations specified at Points a and b, Clause 2 of this Article.
Article 54. Acts of violating other regulations on gas trading
1. A fine from VND 500,000 to VND 1,000,000 shall be imposed for any of the following acts of violations:
a) Using refilled mini-bottled LPG with mini LPG bottles that are prohibited refilling up with LPG in catering service establishments;
b) Transporting bottled LPG with people in elevators, except for direct carriers.
2. A fine from VND 1,000,000 to VND 3,000,000 shall be imposed for the act of transporting bottled LPG by moped (two wheels) without any bottled LPG rack or arranging bottled LPG on means of transportation contrary to regulations.
3. A fine from VND 3,000,000 to VND 5,000,000 shall be imposed for the act of transporting bottled LPG by automobile with the bottled LPG arrangement contrary to regulations.
4. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of storing LPG bottles or bottled LPG at warehouses that fail to ensure the safety for LPG bottle storage in accordance with regulations.
5. A fine from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following acts of violations:
a) Gas exporters, importers, gas producers, processors and gas distributors fail to notify in writing changes of LPG sale prices to units in the distribution systems and Departments of Industry and Trade and of Finance of localities where they have their distribution systems in accordance with regulations.
b) Gas exporters, importers and gas producers, processors fail to notify the Ministry of Science and Technology of standards of additives used for gas preparation in accordance with regulations;
c) Buying, selling, transporting and storing LPG bottles and bottled LPG, for cases not being LPG trading establishments as prescribed, except the purchase for production and consumption.
6. Additional sanctions:
Confiscation of violation material evidences, for the acts of violations prescribed at Point a, Clause 1 and Point c, Clause 5 of this Article, except for cases imposed remedial measures prescribed at Point a, Clause 7 of this Article.
7. Remedial measures:
a) Forcible return of LPG bottles to owners, for the acts of violations prescribed at Point c, Clause 5 of this Article in case legal owners, managers or users of LPG bottles don’t intentionally let violators use material evidences to commit an administrative violation.
b) Forcible refund of illicit profits earned through the commission of violations specified at Point c, Clause 5 of this Article.
Chapter V
COMPETENCE TO MAKE WRITTEN RECORDS OF ADMINISTRATIVE VIOLATIONS AND SANCTION ADMINISTRATIVE VIOLATIONS
Article 55. Competence to make written records of administrative violations
1. Persons competent to sanction administrative violations as prescribed in Articles 56 through 62 of this Decree.
2. Servicemen of the People s Army, People s Public Security Force in the agencies as prescribed in Articles 57, 58 and 59 of this Decree; civil servants and public employees who are on duty of inspection, examination in the fields of petroleum, petrol, oil and gas trading.
Article 56. Competence to sanction of chairpersons of People’s Committees
1. Chairpersons of commune-level People’s Committees may:
a) Impose fines of up to VND 5,000,000 for individuals and fines of up to VND 10,000,000 for organizations;
b) Confiscate administrative violation material evidences or means of a value not exceeding the fine level as prescribed at Point a of this Clause;
c) Apply the remedial measures as prescribed at Point a, Clause 3, Article 4 of this Decree.
2. Chairpersons of district-level People’s Committees may:
a) Impose fines of up to VND 50,000,000 for individuals and fines of up to VND 100,000,000 for organizations;
b) Deprive of the right to use petrol and oil business licenses, gas business licenses for a definite term or suspend operation for a definite time;
c) Confiscate administrative violation material evidences or means of a value not exceeding the fine level as prescribed at Point a of this Clause;
d) Apply the remedial measures as prescribed at Points a, c, d, dd and e, Clause 3, Article 4 of this Decree.
3. Chairpersons of provincial-level People’s Committees may:
a) Impose fines of up to VND 1,000,000,000 for individuals and fines of up to VND 2,000,000,000 for organizations for the acts of violations as prescribed in Chapter II of this Decree; impose fines of up to VND 100,000,000 for individuals and fines of up to VND 200,000,000 for organizations for other acts of violations as prescribed in this Decree;
b) Deprive of the right to use petrol and oil business licenses, gas business licenses for a definite term or suspend operation for a definite time;
c) Confiscate administrative violation material evidences and means;
d) Apply the remedial measures as prescribed in Clause 3, Article 4 of this Decree.
Article 57. Competence to sanction of the Public Security Force
1. Policemen who are on duty may impose fines of up to VND 500,000 for individuals and fines of up to VND 1,000,000 for organizations.
2. Station heads or team leaders of those as prescribed in Clause 1 of this Article may impose fines of up to VND 1,500,000 for individuals and fines of up to VND 3,000,000 for organizations.
3. Heads of commune-level Public Security offices, heads of Public Security posts, heads of Public Security stations of border gates or export processing zones may:
a) Impose fines of up to VND 2,500,000 for individuals and fines of up to VND 5,000,000 for organizations;
b) Confiscate administrative violation material evidences or means of a value not exceeding the fine level as prescribed at Point a of this Clause;
c) Apply the remedial measures as prescribed at Point a, Clause 3, Article 4 of this Decree.
4. Heads of district-level Public Security offices; heads of Operation Sections of the Traffic Police Department; heads of sections of provincial-level Public Security Departments, including heads of Social Order-Related Crime Investigating Police Sections, heads of Traffic Police Sections, heads of Road and Railway Traffic Police Sections, heads of Road Traffic Police Sections, heads of Waterway Police Sections, heads of Environment-Related Crime Prevention and Fighting Police Sections, heads of Fire Prevention and Fighting, Salvage and Rescue Police Sections, heads of Internal Political Security Sections, heads of Economic Security Sections, heads of Social Order-Related Administration Management Police Sections, heads of Corruption, Economy and Smuggling-Related Crime Investigating Police Section may:
a) Impose fines of up to VND 25,000,000 for individuals and fines of up to VND 50,000,000 for organizations, for the acts of violations as prescribed in Chapter II of this Decree; impose fines of up to VND 20,000,000 for individuals and fines of up to VND 40,000,000 for organizations for other acts of violations as prescribed in this Decree;
b) Deprive of the right to use petrol and oil business licenses, gas business licenses for a definite term or suspend operation for a definite time;
c) Confiscate administrative violation material evidences or means of a value not exceeding the fine level as prescribed at Point a of this Clause;
d) Apply the remedial measures as prescribed at Points a, dd and e, Clause 3, Article 4 of this Decree.
5. Directors of provincial-level Police Departments may:
a) Impose fines of up to VND 50,000,000 for individuals and fines of up to VND 100,000,000 for organizations;
b) Deprive of the right to use petrol and oil business licenses, gas business licenses for a definite term or suspend operation for a definite time;
c) Confiscate administrative violation material evidences or means of a value not exceeding the fine level as prescribed at Point a of this Clause;
d) Decide on application of the sanction of expulsion;
dd) Apply the remedial measures as prescribed at Points a, d, dd and e, Clause 3, Article 4 of this Decree.
6. Director of the Social Order-Related Crime Investigating Police Department, director of the Traffic Police Department, director of the Fire Prevention and Fighting, Salvage and Rescue Police Department, director of the Environment-Related Crime Prevention and Fighting Police Department, director of the Internal Political Security Department, director of the Economic Security Department, director of the Social Order-Related Administration Management Police Department, director of the Corruption, Economy and Smuggling-Related Crime Investigating Police Department may:
a) Impose fines of up to VND 1,000,000,000 for individuals and fines of up to VND 2,000,000,000 for organizations for the acts of violations as prescribed in Chapter II of this Decree; impose fines of up to VND 100,000,000 for individuals and fines of up to VND 200,000,000 for organizations for other acts of violations as prescribed in this Decree;
b) Deprive of the right to use petrol and oil business licenses, gas business licenses for a definite term or suspend operation for a definite time;
c) Confiscate administrative violation material evidences and means;
d) Apply the remedial measures as prescribed at Points a, d, dd and e, Clause 3, Article 4 of this Decree.
7. The director of the Vietnam Immigration Department may impose sanctions according to Clause 6 of this Article and may decide on application of the sanction of expulsion.
Article 58. Competence to sanction of Border Guards
1. Border-guard soldiers who are on duty may impose fines of up to VND 500,000 for individuals and fines of up to VND 1,000,000 for organizations.
2. Station heads or team commanders of those as prescribed in Clause 1 of this Article may impose fines of up to VND 2,500,000 for individuals and fines of up to VND 5,000,000 for organizations.
3. Heads of border-guard stations, commanders of border-guard flotillas and commanders of port border-gate border-guard command posts may:
a) Impose fines of up to VND 25,000,000 for individuals and fines of up to VND 50,000,000 for organizations for the acts of violations as prescribed in Chapter II of this Decree; impose fines of up to VND 20,000,000 for individuals and fines of up to VND 40,000,000 for organizations for other acts of violations as prescribed in this Decree;
b) Confiscate administrative violation material evidences or means of a value not exceeding the fine level as prescribed at Point a of this Clause;
c) Apply the remedial measures as prescribed at Points a and e, Clause 3, Article 4 of this Decree.
4. Provincial-level border-guard commanders, commanders of border-guard fleets under the High Command of the Vietnam Border Guard may:
a) Impose fines of up to VND 1,000,000,000 for individuals and fines of up to VND 2,000,000,000 for organizations for the acts of violations as prescribed in Chapter II of this Decree; impose fines of up to VND 100,000,000 for individuals and fines of up to VND 200,000,000 for organizations for other acts of violations as prescribed in this Decree;
b) Deprive of the right to use petrol and oil business licenses, gas business licenses for a definite term or suspend operation for a definite time;
c) Confiscate administrative violation material evidences and means;
d) Apply the remedial measures as prescribed at Points a, d and e, Clause 3, Article 4 of this Decree.
Article 59. Competence to sanction of the Vietnam Coast Guard
1. Leaders of Coast Guard operation teams may impose fines of up to VND 5,000,000 for individuals and fines of up to VND 10,000,000 for organizations.
2. Heads of Coast Guard operation squads and heads of Coast Guard stations may:
a) Impose fines of up to VND 10,000,000 for individuals and fines of up to VND 20,000,000 for organizations;
b) Apply the remedial measures as prescribed at Point a, Clause 3, Article 4 of this Decree.
3. Commanders of Coast Guard flotillas may:
a) Impose fines of up to VND 25,000,000 for individuals and fines of up to VND 50,000,000 for organizations for the acts of violations as prescribed in Chapter II of this Decree; impose fines of up to VND 20,000,000 for individuals and fines of up to VND 40,000,000 for organizations for other acts of violations as prescribed in this Decree;
b) Confiscate administrative violation material evidences or means of a value not exceeding the fine level as prescribed at Point a of this Clause;
c) Apply the remedial measures as prescribed at Points a, b and e, Clause 3, Article 4 of this Decree.
4. Commanders of Coast Guard fleets may:
a) Impose fines of up to VND 50,000,000 for individuals and fines of up to VND 100,000,000 for organizations for the acts of violations as prescribed in Chapter II of this Decree; impose fines of up to VND 30,000,000 for individuals and fines of up to VND 60,000,000 for organizations for other acts of violations as prescribed in this Decree;
b) Confiscate administrative violation material evidences or means of a value not exceeding the fine level as prescribed at Point a of this Clause;
c) Apply the remedial measures as prescribed at Points a, b and e, Clause 3, Article 4 of this Decree.
5. Commanders of the Regional High Commands of the Vietnam Coast Guard may:
a) Impose fines of up to VND 100,000,000 for individuals and fines of up to VND 200,000,000 for organizations for the acts of violations as prescribed in Chapter II of this Decree; impose fines of up to VND 50,000,000 for individuals and fines of up to VND 100,000,000 for organizations for other acts of violations as prescribed in this Decree;
b) Confiscate administrative violation material evidences or means of a value not exceeding the fine level as prescribed at Point a of this Clause;
c) Apply the remedial measures as prescribed at Points a, b and e, Clause 3, Article 4 of this Decree.
6. The Vietnam Coast Guard Commander may:
a) Impose fines of up to VND 1,000,000,000 for individuals and fines of up to VND 2,000,000,000 for organizations for the acts of violations as prescribed in Chapter II of this Decree; impose fines of up to VND 100,000,000 for individuals and fines of up to VND 200,000,000 for organizations for other acts of violations as prescribed in this Decree;
b) Deprive of the right to use petrol and oil business licenses, gas business licenses for a definite term or suspend operation for a definite time;
c) Confiscate administrative violation material evidences and means;
d) Apply the remedial measures as prescribed at Points a, b and e, Clause 3, Article 4 of this Decree.
Article 60. Competence to sanction of Customs
1. Managers of Customs Branches, managers of Post-Customs Clearance Inspection Branches, heads of control teams of provincial, inter-provincial or municipal Customs Departments, heads of anti-smuggling control teams, commanders of marine control flotillas, and heads of control teams for protection of intellectual property rights of the Anti-Smuggling Investigation Department of the General Department of Vietnam Customs may:
a) Impose fines of up to VND 25,000,000 for individuals and fines of up to VND 50,000,000 for organizations;
b) Confiscate administrative violation material evidences or means of a value not exceeding the fine level as prescribed at Point a of this Clause;
c) Apply the remedial measures as prescribed at Points b, d, dd and e, Clause 3, Article 4 of this Decree.
2. Director of the Anti-Smuggling Investigation Department, director of the Post-Customs Clearance Inspection Department under the General Department of Vietnam Customs, and directors of provincial, inter-provincial and municipal Customs Departments may:
a) Impose fines of up to VND 50,000,000 for individuals and fines of up to VND 100,000,000 for organizations;
b) Deprive of the right to use petrol and oil business licenses, gas business licenses for a definite term or suspend operation for a definite time;
c) Confiscate administrative violation material evidences or means of a value not exceeding the fine level as prescribed at Point a of this Clause;
d) Apply the remedial measures as prescribed at Points b, d, dd and e, Clause 3, Article 4 of this Decree.
3. The Director General of Vietnam Customs may:
a) Impose fines of up to VND 100,000,000 for individuals and fines of up to VND 200,000,000 for organizations;
b) Confiscate administrative violation material evidences and means;
c) Apply the remedial measures as prescribed at Points b, d, dd and e, Clause 3, Article 4 of this Decree.
Article 61. Competence to sanction of the Market Surveillance Force
1. Market controllers who are on duty may impose fines of up to VND 500,000 for individuals and fines of up to VND 1,000,000 for organizations.
2. Heads of market surveillance teams may:
a) Impose fines of up to VND 25,000,000 for individuals and fines of up to VND 50,000,000 for organizations;
b) Confiscate administrative violation material evidences or means of a value not exceeding the fine level as prescribed at Point a of this Clause;
c) Apply the remedial measures as prescribed at Points a, c, d, dd and e, Clause 3, Article 4 of this Decree.
3. The directors of provincial-level Market Surveillance Departments, the director of the operation Department of Market Surveillance under the Vietnam Directorate of Market Surveillance may:
a) Impose fines of up to VND 50,000,000 for individuals and fines of up to VND 100,000,000 for organizations;
b) Deprive of the right to use petrol and oil business licenses, gas business licenses for a definite term or suspend operation for a definite time;
c) Confiscate administrative violation material evidences or means of a value not exceeding the fine level as prescribed at Point a of this Clause;
d) Apply the remedial measures as prescribed in Clause 3, Article 4 of this Decree.
4. The Director General of Vietnam Directorate of Market Surveillance may:
a) Impose fines of up to VND 100,000,000 for individuals and fines of up to VND 200,000,000 for organizations;
b) Deprive of the right to use petrol and oil business licenses, gas business licenses for a definite term or suspend operation for a definite time;
c) Confiscate administrative violation material evidences and means;
d) Apply the remedial measures as prescribed in Clause 3, Article 4 of this Decree.
Article 62. Competence to sanction of inspectorates
1. Inspectors and persons assigned to perform specialized inspection tasks who are on duty may:
a) Impose fines of up to VND 500,000 for individuals and fines of up to VND 1,000,000 for organizations;
b) Confiscate administrative violation material evidences or means of a value not exceeding the fine level as prescribed at Point a of this Clause;
c) Apply the remedial measures as prescribed at Point a, Clause 3, Article 4 of this Decree.
2. Chief inspectors of provincial-level Departments and equivalent post holders who are assigned by the Government to perform the function of specialized inspection may:
a) Impose fines of up to VND 50,000,000 for individuals and fines of up to VND 100,000,000 for organizations;
b) Deprive of the right to use petrol and oil business licenses, gas business licenses for a definite term or suspend operation for a definite time;
c) Confiscate administrative violation material evidences or means of a value not exceeding the fine level as prescribed at Point a of this Clause;
d) Apply the remedial measures as prescribed in Clause 3, Article 4 of this Decree.
3. Chief inspectors of ministries and ministerial-level agencies, the Director General of the Directorate for Standards, Metrology and Quality, the Director General of the General Department of Geology and Minerals of Vietnam, the Director General of the Vietnam Environment Administration, the director of the Vietnam Chemicals Agency, the director of the Industrial Safety Techniques and Environment Agency and equivalent post holders who are assigned by the Government to perform the function of specialized inspection may:
a) Impose fines of up to VND 1,000,000,000 for individuals and fines of up to VND 2,000,000,000 for organizations for the acts of violations as prescribed in Chapter II of this Decree; impose fines of up to VND 100,000,000 for individuals and fines of up to VND 200,000,000 for organizations for other acts of violations as prescribed in this Decree;
b) Deprive of the right to use petrol and oil business licenses, gas business licenses for a definite term or suspend operation for a definite time;
c) Confiscate administrative violation material evidences and means;
d) Apply the remedial measures as prescribed in Clause 3, Article 4 of this Decree.
4. Heads of specialized inspection teams of provincial-level departments and of state management agencies assigned to perform the function of specialized inspection have the sanctioning competence prescribed in Clause 2 of this Article.
5. Heads of ministerial-level specialized inspection teams may:
a) Impose fines of up to VND 250,000,000 for individuals and fines of up to VND 500,000,000 for organizations for the acts of violations as prescribed in Chapter II of this Decree; impose fines of up to VND 70,000,000 for individuals and fines of up to VND 140,000,000 for organizations for other acts of violations as prescribed in this Decree;
b) Deprive of the right to use petrol and oil business licenses, gas business licenses for a definite term or suspend operation for a definite time;
c) Confiscate administrative violation material evidences or means of a value not exceeding the fine level as prescribed at Point a of this Clause;
d) Apply the remedial measures as prescribed in Clause 3, Article 4 of this Decree.
Article 63. Division of competence to sanction of chairpersons of People’s Committees, the Public Security Force, customs, Border Guards, the Vietnam Coast Guard, the Market Surveillance Force, Inspectorates
1. Division of competence to sanction of chairpersons of People’s Committees at all levels:
a) Chairpersons of commune-level People’s Committees are competent to sanction administrative violations and apply the remedial measures, for the acts of administrative violations prescribed in Clause 1, Article 21; Point a, Clause 1, Article 31; Clause 1, Article 33; Clauses 1 and 3, Article 35; Clause 1, Article 46 and Clauses 1, 2, 3, 4, Article 54 of this Decree in accordance with their competence prescribed in Clause 1, Article 56 of this Decree and their assigned functions, duties, powers;
b) Chairpersons of district-level People’s Committees are competent to sanction administrative violations and apply the remedial measures, for the acts of administrative violations prescribed in Clause 1, Article 7; Clause 1, Article 9; Clause 1, Article 11; Articles 12, 13, 14, 15, 16, 17, 18, 19; Clauses 1, 2, 3, 4, Article 20; Clause 5, Article 20 (except for violators committing the acts of violations prescribed in Clauses 3 and 4, Article 20); Clauses 1, 2, 3, Article 21; Articles 22, 23, 24, 25; Clause 1, Article 26; Clause 1 Article 27; Articles 28, 29, 31, 33, 34, 35; Clauses 1, 2, Article 36; Article 37; Clauses 1, 2, 3 Article 38; Article 39; Clauses 1, 2, 3, Article 40; Articles 41, 42, 43; Clauses 1, 2, 3, Article 44; Articles 45, 46, 47, 48, 49, 50, 51; Clause 1, 2, Article 52; Article 53 and Article 54 of this Decree in accordance with their competence prescribed in Clause 2, Article 56 of this Decree and their assigned functions, duties, powers;
c) Chairpersons of provincial-level People’s Committees are competent to sanction administrative violations and apply the remedial measures, for the acts of administrative violations prescribed in this Decree (except for foreigners committing the acts of violations prescribed in Clauses 4, 5, 6, Article 6 and Clause 5, 6, Article 7) in accordance with their competence prescribed in Clause 3, Article 56 of this Decree and their assigned functions, duties, powers;
2. Division of competence to sanction of the Public Security Force:
a) Policemen who are on duty are competent to sanction administrative violations and apply the remedial measures, for the acts of administrative violations prescribed at Point b, Clause 1, Article 54 of this Decree in accordance with their competence prescribed in Clause 1, Article 57 of this Decree and their assigned functions, duties, powers;
b) Station heads or team leaders of those as prescribed at Point a of this Clause are competent to sanction administrative violations and apply the remedial measures, for the acts of administrative violations prescribed in Clause 1, Article 35 and Point b, Clause 1, Clause 2, Article 54 of this Decree in accordance with their competence prescribed in Clause 2, Article 57 of this Decree and their assigned functions, duties, powers;
c) Heads of commune-level Public Security offices, heads of Public Security posts, heads of Public Security stations of border gates or export processing zones are competent to sanction administrative violations and apply the remedial measures, for the acts of administrative violations prescribed in Clause 1, Article 35 and Clauses 1, 2, 3, Article 54 of this Decree in accordance with their competence prescribed in Clause 3, Article 57 of this Decree and their assigned functions, duties, powers;
d) Heads of district-level Public Security offices; heads of Operation Sections of the Traffic Police Department; heads of sections of provincial-level Public Security Departments, including heads of Social Order-Related Crime Investigating Police Sections, heads of Traffic Police Sections, heads of Road and Railway Traffic Police Sections, heads of Road Traffic Police Sections, heads of Waterway Police Sections, heads of Environment-Related Crime Prevention and Fighting Police Sections, heads of Fire Prevention and Fighting, Salvage and Rescue Police Sections, heads of Internal Political Security Sections, heads of Economic Security Sections, heads of Social Order-Related Administration Management Police Sections, heads of Corruption, Economy and Smuggling-Related Crime Investigating Police Section are competent to sanction administrative violations and apply the remedial measures, for the acts of administrative violations prescribed in Clause 1, Article 7; Clause 1, Article 11; Article 12; Clause 1, Article 14; Clause 1, Article 15; Clause 1, Article 16; Clause 1, Article 17; Clause 1, Article 19; Clause 1, Point b Clause 2, Article 20; Clause 5, Article 20 (except for violators committing the acts of violations prescribed in Clauses 2, 3 and 4, Article 20); Clause 1, Article 21; Clause 1, Article 22; Article 25; Clause 1, Article 26; Clauses 1 and 2, Article 29; Points a, b, c, Clause 1, Article 31; Clauses 1, 2, 3, Point a Clause 7, Clause 8, Article 33; Clauses 1, 2, Article 34; Clauses 1, 3, 4, Article 35; Clause 1, Article 39; Clause 1, Article 42; Points a, b, c, d, Clause 1, Article 43; Clause 1, Article 44; Clause 1, Article 45; Clause 1, Points a, b, d, dd Clause 2, Point c Clause 3, Article 46; Clause 1, Points a, c Clause 2, Article 47; Clauses 1, 2, Article 48; Clause 1, Article 49; Clauses 1, 2, Article 50; Clause 1, Article 51; Clause 1, Article 52; Clause 1, Article 53 and Clauses 1, 2, 3, 4, Points a, b Clause 5, Article 54 of this Decree in accordance with their competence prescribed in Clause 4, Article 57 of this Decree and their assigned functions, duties, powers;
dd) Directors of provincial-level Police Departments are competent to sanction administrative violations and apply the remedial measures, for the acts of administrative violations prescribed in Clause 1, Article 7; Clause 1, Article 9; Clause 1, Article 11; Articles 12, 13, 14, 15, 16, 17, 18, 19; Clauses 1, 2, 3, 4, Article 20; Clause 5, Article 20 (except for violators committing the acts of violations prescribed in Clauses 3 and 4, Article 20); Clauses 1, 2, 3, Article 21; Articles 22, 23, 24, 25; Clause 1, Article 26; Clause 1, Article 27; Articles 28, 29, 31, 33, 34, 35; Point b Clause 1, Clause 2, Article 36; Article 37; Point a, c Clause 1, Clauses 2, 3, Article 38; Article 39; Clauses 1, 2, 3, Article 40; Article 42; Article 43; Clauses 1,2,3, Article 44; Article 45; Clause 1, Points a, b, d, dd Clause 2, Points b, c Clause 3, Article 46; Articles 47, 48, 49, 50, 51; Clauses 1, 2, Article 52; Clause 1, Point c Clause 2, Clause 3, Article 53 and Article 54 of this Decree in accordance with their competence prescribed in Clause 5, Article 57 of this Decree and their assigned functions, duties, powers;
e) Director of the Social Order-Related Crime Investigating Police Department, director of the Traffic Police Department, director of the Fire Prevention and Fighting, Salvage and Rescue Police Department, director of the Environment-Related Crime Prevention and Fighting Police Department, director of the Internal Political Security Department, director of the Economic Security Department, director of the Social Order-Related Administration Management Police Department, director of the Corruption, Economy and Smuggling-Related Crime Investigating Police Department are competent to sanction administrative violations and apply the remedial measures, for the acts of administrative violations prescribed in this Decree (except for foreigners committing the acts of violations prescribed in Clauses 4, 5, 6, Article 6; Clauses 5, 6, Article 7; acts prescribed in Clause 2, Article 27; Point a Clause 1, Point a Clause 4, Article 36; Point b, Clause 1, Article 38; Article 41; Point c Clause 2, Point a Clause 3, Article 46; Points a, b, Clause 2, Article 53) in accordance with their competence prescribed in Clause 6, Article 57 of this Decree and their assigned functions, duties, powers;
g) The director of the Vietnam Immigration Department is competent to sanction administrative violations and apply the remedial measures, for the acts of administrative violations prescribed in this Decree (except for the acts of violations prescribed in Clause 2, Article 27; Point a Clause 1, Point a Clause 4, Article 36; Point b, Clause 1, Article 38; Article 41; Point c Clause 2, Point a Clause 3, Article 46 and Points a, b, Clause 2, Article 53) in accordance with the competence prescribed in Clause 7, Article 57 of this Decree and the assigned functions, duties, powers.
3. Division of competence to sanction of Border Guards:
a) Border-guard soldiers who are on duty are competent to sanction administrative violations and apply the remedial measures, for the acts of administrative violations prescribed at Point b, Clause 1, Article 54 of this Decree in accordance with their competence prescribed in Clause 1, Article 58 of this Decree and their assigned functions, duties, powers;
b) Station heads or team commanders of those as prescribed at Point a of this Clause are competent to sanction administrative violations and apply the remedial measures, for the acts of administrative violations prescribed in Clause 1, Article 35; Point b Clause 1, Clauses 2, 3, Article 54 of this Decree in accordance with their competence prescribed in Clause 2, Article 58 of this Decree and their assigned functions, duties, powers;
c) Heads of border-guard stations, commanders of border-guard flotillas and commanders of port border-gate border-guard command posts are competent to sanction administrative violations and apply the remedial measures, for the acts of administrative violations prescribed in Clause 1, Article 11; Point c, Clause 1, Article 14; Clause 1, Article 15; Clause 1, Article 16; Clause 1, Article 17; Clause 1, Article 19; Clause 1, Point b Clause 2, Article 20; Clause 5, Article 20 (except for violators committing the acts of violations prescribed in Clauses 2, 3 and 4, Article 20); Article 25; Clause 1, Article 26; Points a, b, c, Clause 1, Article 31; Clauses 1, 2, 3, Point a Clauses 7, 8, Article 33; Clauses 1, 3, 4, Article 35; Clause 1, Article 52; Articles 1, 2, 3, 4, Points a, b Clause 5, Article 54 of this Decree in accordance with their competence prescribed in Clause 3, Article 58 of this Decree and their assigned functions, duties, powers;
d) Provincial-level border-guard commanders, commanders of border-guard fleets under the High Command of the Vietnam Border Guard are competent to sanction administrative violations and apply the remedial measures, for the acts of administrative violations prescribed in Clauses 2, 3, 4, 5, 6, Article 6 (except for foreigners committing the acts of violations prescribed in Clauses 4, 5 and 6, Article 6); Clauses 4, 5, 6, Article 7 (except for foreigners committing the acts of violations prescribed in Clauses 5 and 6, Article 7); Clause 2, Article 8; Clause 1, Points a, c and d Clause 2, Clause 3, Article 9; Clause 1, Points c and d Clause 2, Article 11; Articles 13, 14; 15; 16; 17; 18; 19; 20; Clauses 3, 4, Article 22; Point a, Clause 2 and Point b, Clause 3, Article 24; Article 25; Article 26; Clauses 1, 2, Article 27; Clauses 1, 3, Article 28; Articles 31; 33; 35; 52 and 54 of this Decree in accordance with their competence prescribed in Clause 4, Article 58 of this Decree and their assigned functions, duties, powers;
4. Division of competence to sanction of the Vietnam Coast Guard:
a) Leaders of Coast Guard operation teams are competent to sanction administrative violations and apply the remedial measures, for the acts of administrative violations prescribed in Clause 1, Article 21 of this Decree in accordance with their competence prescribed in Clause 1, Article 59 of this Decree and their assigned functions, duties, powers;
b) Heads of Coast Guard operation squads and heads of Coast Guard stations are competent to sanction administrative violations and apply the remedial measures, for the acts of administrative violations prescribed at Point c, Clause 1, Article 14, Clause 1, Article 21; Point a, Clause 7, Article 33 and Clause 1, Article 34 of this Decree in accordance with their competence prescribed in Clause 2, Article 59 of this Decree and their assigned functions, duties, powers;
c) Commanders of Coast Guard flotillas are competent to sanction administrative violations and apply the remedial measures, for the acts of administrative violations prescribed at Point c, Clause 1, Article 14; Clause 1, Article 19; Clause 1, Point b Clause 2, Article 20; Clause 5, Article 20 (except for violators committing the acts of violations prescribed in Clauses 2, 3 and 4, Article 20); Clause 1, Article 21; Article 25; Points a, b, c, Clause 1, Article 31; Clauses 1, 2, 3, Point a Clause 7, Clause 8, Article 33; Clause 1, Article 34; Clause 1, Article 52 of this Decree in accordance with their competence prescribed in Clause 3, Article 59 of this Decree and their assigned functions, duties, powers;
d) Commanders of Coast Guard fleets are competent to sanction administrative violations and apply the remedial measures, for the acts of administrative violations prescribed at Point b, Clause 1, Article 9; Article 13; Point c, Clause 1, Article 14; Clause 1, Article 19; Clause 1, Point b Clause 2, Article 20; Clause 5, Article 20 (except for violators committing the acts of violations prescribed in Clauses 2, 3 and 4, Article 20); Clause 1, Article 21; Article 25; Clause 1, Article 28; Points a, b, c, d, Clause 1, Article 31; Clauses 1, 2, 3, 4, Point a Clause 7, Clause 8, Article 33; Clause 1, Article 34; Clause 1, Article 52 of this Decree in accordance with their competence prescribed in Clause 4, Article 59 of this Decree and their assigned functions, duties, powers;
dd) Commanders of the Regional High Commands of the Vietnam Coast Guard are competent to sanction administrative violations and apply the remedial measures, for the acts of administrative violations prescribed at Point b Clause 1, Points a, c, d Clause 2, Article 9; Article 13; Point c, Clause 1, Article 14; Clause 1, Article 15; Clause 1, Article 16; Clause 1, Article 17; Point a, Clause 1, Article 18; Clause 1, Article 19; Clause 1, Point b Clause 2, Article 20; Clause 5, Article 20 (except for violators committing the acts of violations prescribed at Point a Clause 2, Clauses 3 and 4, Article 20); Clauses 1, 3, Article 21; Article 25; Clause 1, Article 28; Article 31; Clauses 1, 2, 3, 4, 5, 6, Point a Clause 7, Clause 8, Article 33; Clause 1, Article 34; Clauses 1, 4, Article 35; Point b, Clause 1, Article 47 and Clause 1, Article 52 of this Decree in accordance with their competence prescribed in Clause 5, Article 59 of this Decree and their assigned functions, duties, powers;
e) The Vietnam Coast Guard Commander is competent to sanction administrative violations and apply the remedial measures, for the acts of administrative violations prescribed in Clause 1, Article 6; Clauses 2, 3, Point a Clause 4, Clause 6, Article 7 (except for foreigners committing the acts of violations prescribed in Clause 6, Article 7); Clause 2, Article 8; Point b Clause 1, Clause 2, Clause 3, Article 9; Article 13; Clause 1, Article 14; Articles 15, 16, 17, 18, 19; Clause 1, Point b Clause 2, Clause 5, Article 20; Clauses 1, 3, 4, Article 21; Article 25; Clause 1, Point b Clause 2, Article 26; Clause 3, Article 27; Article 28; Article 31; Clauses 1, 2, 3, 4, 5, 6, Point a Clause 7, Clause 8, Article 33; Clause 1, Article 34; Clauses 1, 4 Article 35; Point b Clause 1, Clauses 2, 3, Article 36; Points a, c Clause 1, Clauses 3, 4, Article 38; Point b Clause 2, Point c Clause 3, Article 46; Point b Clause 1, Point a Clause 2, Article 47; Clauses 1 and 4, Article 52 of this Decree in accordance with the competence prescribed in Clause 6, Article 59 of this Decree and the assigned functions, duties, powers;
5. Division of competence to sanction of Customs:
a) Managers of Customs Branches, managers of Post-Customs Clearance Inspection Branches, heads of control teams of provincial, inter-provincial or municipal Customs Departments, heads of anti-smuggling control teams, commanders of marine control flotillas, and heads of control teams for protection of intellectual property rights of the Anti-Smuggling Investigation Department of the General Department of Vietnam Customs are competent to sanction administrative violations and apply the remedial measures, for the acts of administrative violations relating to the activities of export, import, temporary import for re-export, temporary export for re-import, border-gate transfer of goods prescribed in Clause 1, Point b Clause 2, Article 20; Clause 5, Article 20 (except for violators committing the acts of violations prescribed in Clauses 2, 3 and 4, Article 20); Article 25; Clause 1, Article 26; Points a, b, c, Clause 1, Article 31 and Clauses 1, 2, 3, 7, Article 33 of this Decree in accordance with their competence prescribed in Clause 1, Article 60 of this Decree and their assigned functions, duties, powers;
b) Director of the Anti-Smuggling Investigation Department, director of the Post-Customs Clearance Inspection Department under the General Department of Vietnam Customs, and directors of provincial, inter-provincial and municipal Customs Departments are competent to sanction administrative violations and apply the remedial measures, for the acts of administrative violations relating to the activities of export, import, temporary import for re-export, temporary export for re-import, border-gate transfer of goods prescribed in Article 18; Clauses 1, 2, 3, 4, Article 20; Clause 5, Article 20 (except for violators committing the acts of violations prescribed in Clauses 3 and 4, Article 20); Article 25; Clause 1, Article 26; Clause 1, Article 27; Article 31 and Article 33 of this Decree in accordance with their competence prescribed in Clause 2, Article 60 of this Decree and their assigned functions, duties, powers;
c) The Director General of Vietnam Customs is competent to sanction administrative violations and apply the remedial measures, for the acts of administrative violations relating to the activities of export, import, temporary import for re-export, temporary export for re-import, border-gate transfer of goods prescribed in Clause 1, Point b Clause 2, Points 3, 4, 5, Article 20, Articles 25, 26, 27, 31, 33 and Points a, b, Clause 4, Article 36 of this Decree in accordance with the competence prescribed in Clause 3, Article 60 of this Decree and the assigned functions, duties, powers.
6. Division of competence to sanction of the Market Surveillance Force:
a) Market controllers who are on duty are competent to sanction administrative violations and apply the remedial measures, for the acts of administrative violations prescribed in Clause 1, Article 54 of this Decree in accordance with their competence prescribed in Clause 1, Article 61 of this Decree and their assigned functions, duties, powers;
b) Heads of market surveillance teams are competent to sanction administrative violations and apply the remedial measures, for the acts of administrative violations prescribed at Point c Clause 1, Clause 2, Article 14; Clause 1, Article 15; Clause 1, Article 16; Clause 1, Article 17; Clause 1, Article 19; Clause 1, Point b Clause 2, Article 20; Clause 5, Article 20 (except for violators committing the acts of violations prescribed in Clauses 2, 3 and 4, Article 20); Clause 1, Article 21; Clause 2, Article 21 (except for cases of repeated administrative violation or recidivism); Clause 1, Article 22; Clause 1, Article 23; Clause 1, Article 24; Article 25; Clause 1, Article 26; Clauses 1, 2, Article 29; Points a, b, c, Clause 1, Article 31; Clauses 1, 2, 3, 7, Article 33; Clauses 1, 2, Article 34; Article 35; Points a, b, Clause 2, Article 39; Article 41; Clause 1, Article 42; Points a, d, Clause 1, Article 43; Clause 1, Article 44; Clause 1, Article 45; Clause 1, Article 46; Clause 2, Article 46 (except for cases of repeated administrative violation or recidivism); Clause 1, Points b, c Clause 2, Article 47; Clauses 1, 2, Article 48; Clause 1, Article 49; Clauses 1, 2, Article 50; Clause 1, Article 51; Clause 1, Article 52; Clause 1, Article 53 and Article 54 of this Decree in accordance with their competence prescribed in Clause 2, Article 61 of this Decree and their assigned functions, duties, powers;
c) The directors of provincial-level Market Surveillance Departments, the director of the operation Department of Market Surveillance under the Vietnam Directorate of Market Surveillance are competent to sanction administrative violations and apply the remedial measures, for the acts of administrative violations prescribed in Articles 14, 15, 16, 17, 18, 19; Clauses 1, 2, 3, 4, Article 20; Clause 5, Article 20 (except for violators committing the acts of violations prescribed in Clauses 3 and 4, Article 20); Clauses 1, 2, 3, Article 21; Articles 22, 23, 24, 25; Clause 1, Article 26; Clause 1, Article 27; Articles 28, 29, 31, 33, 34, 35; Clauses 1, 2, Article 36; Article 37; Clauses 1, 2, 3, Article 38; Article 39; Clauses 1, 2, 3, Article 40; Articles 41, 42, 43; Clauses 1, 2, 3, Article 44; Articles 45, 46, 47, 48, 49, 50, 51; Clauses 1, 2, Article 52; Article 53 and Article 54 of this Decree in accordance with their competence prescribed in Clause 3, Article 61 of this Decree and their assigned functions, duties, powers;
d) The Director General of Vietnam Directorate of Market Surveillance is competent to sanction administrative violations and apply the remedial measures, for the acts of administrative violations prescribed in Chapter III and Chapter IV of this Decree in accordance with the competence prescribed in Clause 4, Article 61 of this Decree and the assigned functions, duties, powers.
7. Competent persons in specialized inspection of industry and trade, specialized inspection of price, specialized inspection of natural resources and environment and specialized inspection of science and technology are competent to sanction administrative violations and apply the remedial measures, for the acts of administrative violations prescribed in this Decree in accordance with their competence prescribed in Article 62 of this Decree and their assigned functions, duties, powers.
Chapter V
IMPLEMENTATION PROVISIONS
Article 64.Effect
1. This Decree takes effect on October 11, 2020.
2. The Decree No. 67/2017/ND-CP dated on May 25, 2017 of Government on sanctioning of administrative violations in the fields of petroleum, petrol, oil and gas trading shall expire from the effective date of this Decree.
3. Acts of violations of gas distributors, agents, general agents who have valid certificates of eligibility granted before the effective date of the Government’s Decree No. 87/2018/ND-CP dated June 15, 2018 on gas trading during their operations shall be imposed the same sanctions as the one against acts of violations of gas traders.
Article 65. Implementation responsibility
1. The Minister of Industry and Trade shall take responsibilities for guiding and organizing the implementation of this Decree.
2. Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies and Chairpersons of People’s Committees of provinces and central affiliated cities and related agencies, organizations, individuals shall take responsibilities for the implementation of this Decree./.
| FOR THE GOVERNMENT THE PRIME MINISTER Nguyen Xuan Phuc |
Vietnamese
Decree 99/2020/NĐ-CP DOC (Word)
Decree 99/2020/NĐ-CP PDF (Original)
